European Parliament Adopts Position on GDPR Enforcement Rules
The European Parliament has adopted additional procedural rules to enhance the enforcement of the General Data Protection Regulation (GDPR), with 329 votes in favor, 213 against, and 79 abstentions. The new proposal seeks to improve the cooperation between independent national data protection authorities (DPAs), refine dispute resolution mechanisms, and unify certain procedural rules and rights, ultimately making the GDPR enforcement process more efficient and transparent.
One of the key aspects of the European Parliament’s position is the emphasis on the rights of complainants and the access to information. The proposal underscores the importance of equal and impartial treatment for all parties involved in a complaint, regardless of where it was lodged. It also highlights the right to be heard before any adverse measures are taken and advocates for procedural transparency, including access to a joint case file for all concerned parties. This move is expected to clarify and streamline cross-border procedures, ensuring that supervisory authorities and parties to a complaint have “instant, unrestricted, and continuous” access to all relevant case information.
In addition to enhancing transparency and fairness, the European Parliament aims to standardize procedural deadlines to expedite the complaint resolution process. The proposed deadlines include a two-week limit for acknowledging receipt of a complaint and a three-week period to determine if the case is cross-border and identify the lead authority. Furthermore, draft decisions must be delivered within nine months of receiving the complaint, barring exceptional circumstances. These measures are designed to address concerns about lengthy procedures undermining effective enforcement and eroding citizens’ trust in the GDPR framework.
The proposal also seeks to clarify the rules surrounding amicable settlements, requiring explicit consent from all parties and ensuring that such settlements do not hinder a DPA’s ability to initiate investigations. Moreover, it emphasizes the right to effective judicial remedies, reinforcing the fundamental right to data protection in the EU. As the European Parliament moves forward with inter-institutional negotiations, this initiative represents a critical step towards bolstering legal certainty for businesses and citizens alike, while strengthening data protection rights across the EU.
Source: Position on strengthening the enforcement of data protection rules | News | European Parliament