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OPINION (COM(2023)0348 – C90231/2023 – 2023/0202(COD))

On the proposal for a regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679

JURI-AD-756348

Committee on Legal Affairs · Rapporteur: Ibán García Del Blanco

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

This committee opinion suggests amendments to the proposed regulation on procedural rules for GDPR enforcement, focusing on rights of parties, access to files, deadlines, and cooperation between supervisory authorities. It calls for common minimum procedural standards, including fair procedure, right to be heard, and access to the case file, and clarifies the roles of complainants and parties under investigation. The opinion introduces specific deadlines for various procedural steps, such as acknowledging complaints within one week and communicating preliminary findings within three months in non-contentious cases. It also proposes changes to amicable settlements, ex officio procedures, and the dispute resolution mechanism, aiming to enhance legal certainty and effective judicial review.

Committee position. The Committee on Legal Affairs proposes amendments to improve procedural rights, clarify roles, and set deadlines, while agreeing with the overall objective of harmonisation.

Key points

  1. The opinion supports harmonisation but criticises the lack of an impact assessment by the Commission.
  2. It introduces common minimum procedural standards for parties, including fair procedure, right to be heard, and access to the case file.
  3. Complaints should require only specified information, with a model form, and no additional information for admissibility.
  4. Supervisory authorities must acknowledge receipt of complaints within one week and determine admissibility within three weeks.
  5. Amicable settlements are voluntary and do not prevent ex officio investigations; settlements require explicit agreement.
  6. A new article allows concerned supervisory authorities to request an ex officio procedure, with the lead authority responding within three weeks.
  7. The lead supervisory authority must update others without undue delay and within one week, and draft a summary of key issues within nine months.
  8. In non-contentious cases, preliminary findings must be communicated within three months after the comment deadline.
  9. Parties under investigation have the right to be heard, with at least three weeks to respond to preliminary findings.
  10. Complainants receive non-confidential versions of preliminary findings within 30 days and have at least three weeks to comment.
  11. Access to the case file is extended to all parties, not just those under investigation, and includes both inculpatory and exculpatory documents.
  12. The opinion sets deadlines for dispute resolution referrals and Board registration, and clarifies the scope of urgent binding decisions.

Who is affected

  • Complainants: gain clearer procedural rights, including access to non-confidential documents and minimum time to respond.
  • Parties under investigation: receive enhanced rights to be heard and access to the case file.
  • Supervisory authorities: face new deadlines and obligations for cooperation and communication.
  • European Data Protection Board: gets a more prominent role in coordination and dispute resolution.

Figures and deadlines

  • one week: time for acknowledging receipt of a complaint.
  • three weeks: time for determining admissibility and transmitting the complaint.
  • nine months: deadline for drafting a summary of key issues.
  • three months: time to communicate preliminary findings in non-contentious cases.
  • 30 days: time to provide complainants with non-confidential preliminary findings.
  • three weeks: minimum time for parties to respond to preliminary findings.
  • two weeks: minimum time for complainants to comment on new elements in revised draft decisions.
  • four weeks: time for lead authority to adopt and notify decision after no objections.