Proposal for a Regulation laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679

Author (Corporate)
Series Details COM (2023) 348
Publication Date 04/07/2023
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Legislative initiative tabled by the European Commission on 4 July 2023, introducing additional procedural rules relating to the enforcement of Regulation (EU) 2016/679. This is the draft GDPR Procedural Regulation.

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Independent national data protection authorities (DPAs) were tasked with enforcing Regulation (EU) 2016/679, also known as the General Data Protection Regulation (GDPR), since its entry into application. The one-stop-shop decentralised enforcement system seeks to ensure consistent interpretation and application of the GDPR while preserving the principle of proximity. The system also requires cooperation between DPAs in cross-border cases.

In its report published two years after the GDPR entered into application, the European Commission noted that further progress was required to make handling of cross-border cases more efficient and harmonised across the European Union (EU). This proposal draws, among other feedback, on the report published by the Commission and on a list produced by the European Data Protection Board (EDPB) identifying procedural aspects that could be subject to further harmonisation. The draft law focuses on the following areas:

  • Rights of complainants;
  • Rights of parties under investigation (controllers and processors);
  • Streamlining cooperation and dispute resolution.

The proposed Regulation was adopted by the European Commission on 4 July 2023.

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Commentary and Analysis
European Consumer Organisation (BEUC): Press Release, 04/07/2023: New Commission proposal falls short in boosting GDPR enforcement

Politico, 04/07/2023: European Commission cooks up GDPR steroids shot
EurActiv, 04/07/2023: EU Commission pitches harmonisation measures for data protection enforcement
Euronews, 04/07/2023: Brussels pitches GDPR reform but without opening 'Pandora's box'

European Commission: Law: Data Protection
European Commission: Press Release, 04/07/2023: Data protection: Commission adopts new rules to ensure stronger enforcement of the GDPR in cross-border cases
European Commission: Q&A: Stronger enforcement of the GDPR in cross-border cases (4 July 2023)

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