In an effort to ensure fair and efficient data protection practices across Europe, IAB Europe, a leading association for digital marketing and advertising, has reached out to Members of the European Parliament with significant apprehensions regarding proposed changes to the General Data Protection Regulation (GDPR) procedures. The association contends that the draft report by the Civil Liberties, Justice and Home Affairs (LIBE) Committee may undermine the original intent to harmonize procedures across borders, potentially complicating the GDPR complaint resolution process for organizations.
The debate centers on the administrative nature of cross-border complaints, which IAB Europe insists should remain non-adversarial. Their concern is that granting additional rights to complainants could inadvertently pivot the process towards a more contentious legal battle, rather than a streamlined administrative action. This shift could slow down resolutions and compromise the effectiveness of the Lead Supervisory Authorities (LSA), established under GDPR to provide consistent oversight.
Moreover, IAB Europe stresses the importance of respecting the defendant’s right to be heard, a fundamental aspect of justice in administrative proceedings. They argue that the current draft report’s ambiguity regarding this right could lead to a patchwork of interpretations across member states, creating legal uncertainty. The association advocates for a clear and harmonized approach that ensures defendants can effectively present their case during the procedural stages.
Finally, IAB Europe highlights concerns over the handling of confidential business information and the potential for media leaks that could prejudice decisions by supervisory authorities. They urge for safeguards to protect such information and foster an environment where early resolution mechanisms can function effectively. By considering these recommendations, IAB Europe believes a fairer, more predictable, and efficient GDPR procedural framework can be achieved, benefiting all stakeholders involved in cross-border data protection disputes.