Taking GDPR enforcement really seriously: What to expect from the GDPR Procedural Regulation?
On 4 July 2023, the EU Commission released a new proposal intended to complement the General Data Protection Regulation (GDPR) in cross-border cases: a Proposal for a Regulation laying down additional procedural rules relating to the enforcement of GDPR also known as the proposed GDPR Procedural Regulation.
Effective GDPR enforcement is the key to the EU data protection framework: it is essential to transform data subject formal rights into real rights and more generally impact upon controllers and processors’ data handling practices. Effective GDPR enforcement is also a prerequisite for future digitalization efforts and the creation of the single market for data envisioned by the Commission.
Yet, as observed by the Commission itself in its exploratory memorandum “further progress was needed to make the handling of cross-border cases more efficient and harmonised across the EU” and in particular to ensure that lead supervisory authorities conduct their investigation and are required to cooperate with other ‘concerned’ supervisory authorities “in a spirit of sincere and effective cooperation.”
The GDPR Procedural Regulation’s objective is therefore not to impose regulatory obligations on covered entities who are under investigation by an EU supervisory authority but to grant both covered entities and data subjects additional rights when they are involved in an enforcement action or investigation and more generally to enhance the functioning of the cross-border enforcement procedure laid down by the GDPR.
Will the proposed GDPR Procedural Regulation achieve its goals in its current state? Will it succeed in harmonising the treatment of complaints, making the right to be heard a reality, laying down meaningful procedural deadlines and above all facilitating consensus-building between supervisory authorities?
To discuss these questions come and join us on 12 December from 17h (CET) for an insightful webinar.
This event will feature the following speakers:
– Max Schrems (noyb)
– Gloria González Fuster (LSTS/VUB)
– Sergey Lagodinsky (To be confirmed, MEP, rapporteur)
– Sophie Stalla-Bourdillon (BPH/VUB, moderator)
Registration is possible via this link.