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Further specifying procedural rules relating to the enforcement of the General Data Protection Regulation

Justice and fundamental rights

This initiative will streamline cooperation between national data protection authorities when enforcing the General Data Protection Regulation (GDPR) in cross-border cases. To this end, it will harmonise some aspects of the administrative procedure the national data protection authorities apply in cross-border cases. This will support a smooth functioning of the GDPR cooperation and dispute resolution mechanisms.

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Public consultation

ID: 13745

Lobbying Activity

41 responses

BEUC calls for stronger consumer rights in GDPR investigations

Bureau Européen des Unions de Consommateurs, 24 Mar 2023

Consumer groups should have equal rights to access investigation files. The organization proposes strict deadlines for authorities to ensure faster enforcement.
This would allow consumer groups to bypass repetitive checks on their right to represent consumers.
Tech companies would lose the ability to delay cases using procedural technicalities.

EuroCommerce Urges Harmonized GDPR Enforcement for Greater Legal Certainty

EuroCommerce, 24 Mar 2023

EuroCommerce requests harmonized procedures to create legal certainty and consistent intergroup processes. They advocate for mandatory information exchanges and universal rights to be heard.
Harmonized rules would allow retailers to reduce costs by implementing uniform procedures across borders.
Strict new admissibility criteria might block more consumer complaints than originally intended.

DIGITALEUROPE Urges Stronger Business Safeguards in GDPR Enforcement Rules

DIGITALEUROPE, 1 Sept 2023

The organization calls for stronger confidentiality protections for trade secrets and more time for companies to respond during investigations. They also advocate for prioritizing internal company complaint mechanisms and amicable settlements at all stages of the process.
This would reduce legal costs and protect sensitive business data from competitors during investigations.
Individuals may face slower case resolutions if private company complaint processes are prioritized over regulatory action.

DIGITALEUROPE Calls for Amicable Settlements in GDPR Enforcement

DIGITALEUROPE, 24 Mar 2023

DIGITALEUROPE advocates for the use of amicable settlements to resolve disputes quickly and reduce administrative burdens. They request mandatory hearings for companies under investigation before enforcement decisions are finalized.
This would speed up legal proceedings and protect sensitive corporate trade secrets from disclosure.
Complainants may see their access to investigative files restricted due to heightened confidentiality rules.

EDRi urges harmonized rules to fix failing GDPR enforcement

European Digital Rights, 23 Mar 2023

EDRi requests a common complaint template and strict deadlines for the administrative process. They demand that individuals have a guaranteed right to be heard and access files. They also insist that all complaints must result in a formal, appealable decision.
Harmonized rules would reduce the legal costs and time needed to file complaints.
Tech giants lose the ability to avoid enforcement through procedural delays and inaction.

German Chamber DIHK Urges Stronger Corporate Rights in GDPR Enforcement

Deutsche Industrie- und Handelskammer, 31 Aug 2023

The DIHK proposes restricting complaint rights to qualified entities to prevent abuse of the system. They also call for earlier involvement of companies in investigations and better protection of business secrets.
Companies would gain protection against malicious complaints and avoid financial damage from exposed secrets.
Smaller advocacy groups lose influence as only qualified entities would have full procedural status.

Connect Europe demands effective GDPR one-stop-shop mechanism

Connect Europe, 23 Mar 2023

The group seeks a functional one-stop-shop mechanism to ensure coordinated interpretation and enforcement. They argue that lengthy procedures and fragmented enforcement currently stifle digital innovation.
Streamlined procedures would provide the legal certainty needed for telecom operators to scale innovation.
National regulators would lose their ability to pursue investigations that bypass centralized EU rules.

French companies call for streamlined cross-border GDPR enforcement

Association Française des Entreprises Privées / French Association of Large Companies, 24 Mar 2023

Afep requests a mutual recognition system for national guidelines and a single notification process for security breaches. They also propose a digital portal for companies to monitor investigation progress in real-time.
Harmonization would reduce the high administrative costs of managing multiple conflicting national regulations.
National regulators would lose the autonomy to issue independent guidance tailored to local laws.

Ibec urges GDPR enforcement reforms to filter minor complaints

Ibec, 24 Mar 2023

Ibec proposes individuals seek recourse from companies directly before filing formal complaints with regulators. They also advocate prioritizing amicable dispute resolution while safeguarding companies' procedural rights.
This would lower costs for businesses by filtering minor disputes out of court.
Individual complainants may face delays and higher barriers to official regulatory protection.

German digital association Bitkom urges harmonized GDPR interpretation

Bitkom e.V., 4 Sept 2023

Bitkom calls for a structured dialogue with industry experts to streamline GDPR interpretation. They request stronger rights to be heard and protected confidentiality during proceedings.
Harmonization would remove competitive disadvantages for companies facing restrictive national data interpretations.
Complainants would face restricted access to administrative files to protect company confidentiality.

Bitkom Urges Innovation-Friendly GDPR Enforcement and Stronger Respondent Rights

Bitkom e.V., 24 Mar 2023

Bitkom requests a progressive, innovation-friendly interpretation of existing data protection rules. They also demand a systematic right for respondents to be heard before the EDPB.
These measures would reduce legal uncertainty and enforcement complexity for digital companies.
Privacy complainants could face reduced procedural influence to protect corporate confidentiality.

ITI Urges Internal Resolution Mechanisms in GDPR Enforcement

ITI - The Information Technology Industry Council, 4 Sept 2023

ITI advocates for a hierarchy of resolution mechanisms requiring complainants to exhaust internal processes first. They also seek to ensure investigated parties can provide submissions directly to the European Data Protection Board.
This approach shields companies from immediate scrutiny while protecting sensitive documents through strict confidentiality sanctions.
Complainants may face delayed access to independent oversight due to mandatory internal corporate dispute procedures.

DOT Europe urges Commission to protect GDPR one-stop-shop

DOT Europe, 24 Mar 2023

Policy makers should first reaffirm and strengthen the one-stop-shop mechanism. The right to be heard should extend to proceedings before the central data protection board.
This provides operational efficiency and reduces costs by ensuring a single contact point.
Individual complainants could see their cases automatically closed for failing to respond.

Tech industry body ITI warns against rigid GDPR enforcement deadlines

ITI - The Information Technology Industry Council, 24 Mar 2023

ITI urges the Commission to prioritize due process and avoid arbitrary investigation deadlines. They request that businesses be granted a right to be heard before the board.
Enhanced due process and flexible timelines reduce the risk of costly, rushed regulatory penalties.
Regional authorities lose power if coordination rules are limited to protect lead authority independence.

Booking.com supports GDPR streamlining but defends the one-stop-shop

Booking.com B.V., 22 Mar 2023

The company requests clear deadlines for complaint transmission and fast-tracking amicable settlements. They also advocate for preserving the one-stop-shop principle across new digital regulations.
This would reduce operational complexity and provide legal certainty for digital businesses.
National authorities may lose direct oversight power if enforcement remains centralized.

German consumer group vzbv demands stronger GDPR enforcement rules

Verbraucherzentrale Bundesverband, 23 Mar 2023

The group proposes mutual recognition for consumer representatives and complaint admissibility. They demand that complainants gain the right to be heard and access investigation files. Finally, they advocate for mandatory deadlines to prevent excessively long enforcement procedures.
Stronger enforcement rules would empower consumer groups to protect data rights across borders effectively.
Companies seeking to exploit legal loopholes or slow procedures would face more consistent enforcement.

Schibsted Urges Focus on Big Tech Over New GDPR Rules

Schibsted, 14 Mar 2023

Schibsted argues that authorities should improve collaboration before introducing new laws. They oppose giving complainants more rights, suggesting this could lead to subjective legal interpretations. Furthermore, they believe enforcement should focus on global tech giants that set industry standards.
Balanced regulatory guidance prevents the application of overly strict rules by the most purist authorities.
Civil society groups would have fewer opportunities to participate directly in regulatory investigations.

Ecommerce Europe defends One-Stop-Shop in GDPR enforcement overhaul

Ecommerce Europe, 24 Mar 2023

The group requests that the initiative focuses exclusively on cooperation between national authorities. They demand that the right to be heard is extended to include the EDPB. They argue against granting official party status to complainants during privacy investigations.
This approach would provide greater regulatory predictability and lower compliance burdens for businesses.
Privacy advocacy groups would be denied legal status and access to investigation files.

Access Now Urges Stronger Rules for Equal GDPR Enforcement

Access Now Europe, 22 Mar 2023

Access Now requests that new rules apply to both national and cross-border cases. They recommend creating a common complaint form and guaranteeing the fundamental right to be heard.
Harmonized procedures would ensure all European citizens effectively enjoy the same data protection rights.
Tech companies would lose the ability to exploit procedural differences to delay enforcement actions.

CCIA Europe Demands Stronger Rights for Companies in Data Investigations

Computer & Communications Industry Association, 23 Mar 2023

CCIA Europe requests judicial oversight of board decisions and stronger rights for defendants. They also suggest requiring companies' internal processes be used before filing complaints.
This would increase legal certainty and shield companies from overlapping regulatory enforcement.
Complainants would face more bureaucracy and risk having their cases dismissed automatically.

Consultation response

LA POSTE, 29 Aug 2023

Lentrée en application du Règlement Général sur la Protection des Données (RGPD), le 25 mai 2018, a entraîné une responsabilisation accrue des entreprises sur la protection des données à caractère personnel, dans ce cadre, La Poste Groupe a notamment renforcé sa politique en la matière. Ce texte a…

App Association backs harmonised EU data protection enforcement rules

ACT | The App Association, 20 Mar 2023

The association calls for common deadlines and clearer steps in cross-border investigations. They want to ensure that businesses have a guaranteed right to be heard during proceedings.
Harmonised rules would reduce the administrative burden and legal uncertainty for small businesses.

Polish business lobby warns against rigid deadlines in GDPR enforcement

Polish Confederation Lewiatan, 24 Mar 2023

Lewiatan argues that the initiative should focus on authority cooperation without imposing new obligations. They demand a systematic right to be heard before the European Data Protection Board.
Avoiding arbitrary deadlines prevents rushed decisions and reduces the likelihood of successful court challenges.
Complainants and data subjects may face prolonged delays and less transparency during cross-border investigations.

BVMN Demands Stronger Data Protections to Stop Border Abuse

Border Violence Monitoring Network, 24 Mar 2023

The network requests enhanced protection through increased monitoring of data collection and processing at EU borders. They demand that public interest is not used as a blanket justification to curtail data rights. Additionally, they seek uniform accessibility to national authorities for people on the move.
This would provide the network more robust legal channels to document and challenge pushbacks.
Border authorities would face increased legal scrutiny and potential accountability for data handling practices.

FEDMA urges harmonised GDPR procedures to protect fair trial rights

Federation of European Data and Marketing, 24 Mar 2023

FEDMA advocates for harmonised administrative procedures to protect due process and fair trial rights. They recommend a study on national law divergences and centralising procedural information for businesses. They also call for streamlining the adoption of Codes of Conduct.
This would provide companies with greater transparency and legal certainty during cross-border investigations.
National authorities would lose the flexibility provided by their current margin of manoeuvre.

Consultation response

Irish Council for Civil Liberties, 23 Mar 2023

See attached submission

Consultation response

CDISCOUNT, 24 Mar 2023

Cdiscount highly welcomes the Commissions initiative to harmonize procedural aspects regarding the enforcement of the General Data Protection Regulation (GDPR) in cross-border cases. By doing so, the Commission would introduce more legal certainty for all parties and strengthen the right to defense…

United Internet Urges Stricter Rules to End Big Tech Forum Shopping

United Internet AG, 23 Mar 2023

Harmonize administrative procedures to prevent large firms from choosing favorable jurisdictions for their headquarters. Establish fixed deadlines for draft decisions instead of using vague or unworkable timing standards. Make it easier to obtain expert opinions on issues that affect multiple member states.
They would gain a fairer competitive environment by ending regulatory advantages for dominant firms.
Large tech companies would lose the ability to exploit lenient regulatory oases within Europe.

Consultation response

noyb - European Center for Digital Rights, 24 Mar 2023

noyb strongly supports the initiative launched by the European Commission aimed at strengthening and improving the application and enforcement of the General Data Protection Regulation (GDPR). Please find the attached submission with: - Cover Letter - An Issues List - High-Level Concepts Paper - A…

Consultation response

Otto GmbH & Co. KGaA, 4 Sept 2023

Aus Sicht der Otto Group ist es zu begrüßen, dass die EU-Kommission eine Präzisierung der Verfahrensregeln für die Durchsetzung der DSGVO angestoßen und einen Verordnungsvorschlag vorgelegt hat. Es zwingend notwendig, die Verfahren effizienter zu gestalten und zu beschleunigen, um eine kohärente…

Consultation response

Otto GmbH & Co. KGaA, 23 Mar 2023

Aus Sicht der Otto Group ist es sehr zu begrüßen, dass die EU-Kommission eine Präzisierung der Verfahrensregeln für die Durchsetzung der DSGVO anstoßen möchte, um die Zusammenarbeit zwischen den nationalen Datenschutzbehörden bei der Durchsetzung der DSGVO in grenzüberschreitenden Fällen zu…

German digital industry urges stricter deadlines and GDPR revision

Bundesverband Digitale Wirtschaft (BVDW) e.V., 1 Sept 2023

BVDW requests mandatory maximum deadlines for all procedural stages to prevent delays. They also call for a full revision of the GDPR text to clarify rules on pseudonymized data and consent.
Standardized timelines and clearer definitions would provide companies with greater legal certainty and reduce bureaucracy.
National data protection authorities lose their discretion to set individual timeframes for handling investigations.

German digital industry urges faster, harmonized GDPR enforcement

Bundesverband Digitale Wirtschaft (BVDW) e.V., 23 Mar 2023

The organization requests shorter processing times through concrete procedural deadlines. They also urge for increased transparency and optimization of coherence mechanisms.
These improvements would provide legal certainty and establish a level playing field for businesses.

Consultation response

Centre for Information Policy Leadership (CIPL) at Hunton Andrews Kurth LLP, 3 Sept 2023

The Centre for Information Policy Leadership (CIPL) welcomes the opportunity to provide comments on the proposal for a Regulation laying down additional procedural rules relating to the enforcement of the GDPR issued by the European Commission. We commend the Commissions efforts to further…

Consultation response

Centre for Information Policy Leadership (CIPL) at Hunton Andrews Kurth LLP, 23 Mar 2023

The Centre for Information Policy Leadership (CIPL) submits feedback to the European Commissions (EC) call for evidence on further specifying procedural rules relating to the enforcement of the GDPR. We provide detailed comments in the document accompanying this response. CIPL expresses support for…

Consultation response

Bundesverband E-Commerce und Versandhandel Deutschland e.V., 24 Mar 2023

We welcome that the General Data Protection Regulation (GDPR) has created a common European high-level standard in terms of data protection. However, to guarantee a level playing field it is crucial that the GDPR is enforced in a harmonized way. Therefore, we welcome the opportunity to provide…

Adigital warns against rigid deadlines in GDPR enforcement reforms

Asociación Española de Economia Digital, 24 Mar 2023

The group opposes arbitrary and fixed deadlines for investigations, arguing they undermine fair and reasoned outcomes. They insist that the right to be heard must cover both factual and legal elements, specifically before the European Data Protection Board. They also demand strict confidentiality rules and sanctions to prevent information leaks by complainants.
Maintaining current procedural safeguards would protect companies from rushed enforcement and high administrative fines.
Privacy activists and complainants would face restricted access to investigation files and potential legal sanctions.

Consultation response

Selbstregulierung Informationswirtschaft e.V., 24 Mar 2023

Please, find the detailed joint-feedback as attachment. Following the key messages: 1 Key Messages 1.1 It is strongly recommended to extend the understanding of enforcement by integrating complementing tools, such as Codes of Conduct, into the evaluation by the European Commission. Codes of Conduct…

Consultation response

SCOPE Europe (Self and Co-Regulation for an Optimized Policy Environment in Europe), 24 Mar 2023

Please, find the detailed joint-feedback as attachment. Following the key messages: 1. It is strongly recommended to extend the understanding of enforcement by integrating complementing tools, such as Codes of Conduct, into the evaluation by the European Commission. Codes of Conduct strongly…

Consultation response

Związek Pracodawców Branży Internetowej Interactive Advertising Bureau Polska, 24 Mar 2023

Podmioty zrzeszone w ramach Związku Pracodawców Branży Internetowej IAB Polska przedstawiają poniżej i w załączeniu postulaty dotyczące Inicjatywy Komisji Europejskiej ws. dalszego określenia przepisów proceduralnych dotyczących egzekwowania przepisów RODO. Przepisy rozporządzenia Parlamentu…

Consultation response

Confederation of European Data Protection Organisations, 24 Mar 2023

Bonn, Bucharest, Dublin, Lisbon, Madrid, Milan, Paris, The Hague, Vienna, Warsaw CEDPO Statement Brussels, March 24th 2023 Ref: Further specifying procedural rules relating to the enforcement of the General Data Protection Regulation. CEDPO welcomes the Commission's proposal to specify harmonized…