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EU: European Parliament adopts its position on new procedural rules for the enforcement of the GDPR

On April 10, 2024, the European Parliament announced that it adopted its negotiating position on the additional procedural rules relating to the enforcement of the General Data Protection Regulation (GDPR).

Complainant rights and access to information

In its position, Members of the European Parliament (MEPs) emphasize the following complainant rights:

  • the right of all parties to equal and impartial treatment;

  • the right to be heard before any measure is taken that would have adverse effects; and
  • the right to procedural transparency, including access to joint case files.

Additionally, the European Parliament wants to strengthen the provisions on joint case files in order to clarify and streamline cross-border procedures and these would contain all information related to a case. The European Parliament also highlights that concerned data protection authorities (DPAs) should have instant, unrestricted, and continuous access to joint case files.

Deadlines to speed up procedures

MEPs proposed a time limit of two weeks for a DPA to acknowledge that it has received a complaint and declare it admissible or inadmissible. DPAs would then have three weeks to determine if the case is cross-border and which DPA is the lead authority. Draft decisions must then be delivered by the DPA within nine months of receiving the complaint, outside certain exceptional situations.

Amicable settlements

MEPs also want to clarify rules relating to amicable settlements, stating that they should require the express consent of the parties. Furthermore, MEPs want to establish that these types of settlements do not prevent a DPA from starting its own investigation and that other DPAs can request the lead authority to start such investigations.

You can read the press release here and the European Parliament's adopted text here.