![Newly proposed GDPR procedural rules: Improving efficiency and consistency [EU Legislation in Progress]](https://i0.wp.com/epthinktank.eu/wp-content/uploads/2024/01/EPRS-Briefing-757612-GDPR-procedural-rules-FINAL.png?fit=1024%2C683&ssl=1)
Written by Hendrik Mildebrath (3rd edition, updated on 18.12.2024).
Ever since the General Data Protection Regulation (GDPR) became applicable in May 2018, the European Parliament and civil society organisations have been flagging up deficits in its enforcement, and pushing for better implementation. To address the situation, in July 2023 the European Commission tabled a proposal aimed at improving GDPR enforcement.
The proposal seeks to support the smooth functioning and timely completion of enforcement procedures in cross-border cases. To this end, the Commission suggests harmonising parties’ procedural rights, streamlining and frontloading cooperation among supervisory authorities, and detailing the GDPR’s dispute resolution mechanism.
Views on the Commission proposal diverge. Digital rights organisations advocate for enhanced complainant rights, an equal say for the lead supervisory authority and the supervisory authorities concerned (CSAs) on the substance of enforcement decisions, a stronger role for the European Data Protection Board (EDPB), new mechanisms to facilitate cross-country enforcement, and stricter deadlines. Industry and allied organisations favour increased transparency for the parties under investigation, a stronger role for the lead supervisory authority and lesser roles for the supervisory authorities concerned and the EDPB.
Parliament adopted its first-reading position during its plenary session of 10 April 2024. It insisted on strengthening the role of complainants, CSAs and the EDPB. The Council followed with its position on 18 June 2024, largely going in the same direction as Parliament, but using different regulatory approaches and staying closer to the Commission proposal.
Complete version
- December 2024: ‘Newly proposed rules to strengthen GDPR enforcement in cross-border cases‘ (3rd edition)
| Proposal for a directive of the European Parliament and of the Council amending Directive 2008/98/EC on waste | ||
| Committee responsible: | Civil Liberties, Justice and Home Affairs (LIBE) | COM(2023) 348 4.7.2023 |
| Rapporteur: | Markéta Gregorová (Greens/EFA, Czechia) | 2023/0202(COD) |
| Shadow rapporteurs: | Axel Voss (EPP, Germany) Kristian Vigenin (S&D, Bulgaria) Jacek Ozdoba (ECR, Poland) Michael McNamara (Renew, Ireland) Özlem Demirel (The Left, Germany) | Ordinary legislative procedure (COD) (Parliament and Council on equal footing – formerly ‘co-decision’) |
| Next steps expected: | Conclusion of interinstitutional negotiations | |
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