FEDMA’s input to the European Commission’s Call for Evidence on an initiative on procedural aspects of the GDPR
As a member of the European Commission’s Expert Group on the implementation of the General Data Protection Regulation (GDPR), FEDMA responded last week to Commission’s Call for Evidence on an initiative on procedural aspects ofthe GDPR.
Over almost five years of GDPR implementation, the resulting fragmentation is not only due to diverging national interpretation and guidance on the GDPR, but also differences in national legislations.The objective of the Commission must be to address both points, including as required a modification of the text of the GDPR. The lack of EU harmonised administrative procedures to handle cross–border casesand different interpretations relating to the cooperation mechanism jeopardise the consistent application and enforcement of the GDPR from the perspective of a Digital Single Market.
conducting a study to identify all divergences innational procedural laws,
centralising information on all national procedural laws applicable to parties under investigation,
providing the parties under investigationwith (i)informationon any relevant and reasoned objectionsmade to a proposed decision, (ii) the draft decision taken by the lead DPA when it is circulated to the concerned Data Protection Authorities (DPAs), (iii) the details of the contacts at the DPAs that have declared themselves as concerned authorities,
including strict deadlines that the leading DPA in a cross–border case must comply with,
streamlining the processes and requirements for theadoption of Codes of Conduct asa tool to enhance GDPR application and enforcement.