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

Summary:

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.

Further information:

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.

Official

European Commission: Law: Data Protection https://commission.europa.eu/law/law-topic/data-protection_en

European Commission: Press Release, 04/07/2023: Data protection: Commission adopts new rules to ensure stronger enforcement of the GDPR in cross-border cases https://ec.europa.eu/commission/presscorner/detail/en/ip_23_3609

European Commission: Q&A: Stronger enforcement of the GDPR in cross-border cases (4 July 2023) https://ec.europa.eu/commission/presscorner/detail/en/qanda_23_3610

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News

Politico, 04/07/2023: European Commission cooks up GDPR steroids shot https://www.politico.eu/article/eu-commission-cooks-up-gdpr-steroids-shot/

EurActiv, 04/07/2023: EU Commission pitches harmonisation measures for data protection enforcement https://www.euractiv.com/section/data-privacy/news/eu-commission-pitches-harmonisation-measures-for-data-protection-enforcement/

Euronews, 04/07/2023: Brussels pitches GDPR reform but without opening 'Pandora's box' https://www.euronews.com/my-europe/2023/07/04/brussels-pitches-gdpr-reform-but-without-opening-pandoras-box

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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 https://www.beuc.eu/press-releases/new-commission-proposal-falls-short-boosting-gdpr-enforcement

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