EU Commission opens consultation on GDPR enforcement law

24/02/2023 | European Commission

The European Commission has opened a public consultation calling for views to address the inherent enforcement issues with the EU General Data Protection Regulation (GDPR). Details were thin on the ground when Politico first reported on the Commission's plans last week. We now know the proposal for a new law specifying procedural rules is a response to a wish list of preferred procedures requested by the European Data Protection Board (EDPB) in October 2022. Data Protection Authorities (DPAs) have approached GDPR enforcement differently since the law was enacted in May 2018. The call for evidence states that "minimising these divergences by harmonising certain procedural elements" should result in more coordinated and predictable cross-border GDPR enforcement, leading to quicker resolutions. 

It remains to be seen what the reaction will be by member state DPAs to a GDPR harmonisation law. In January, the Irish Data Protection Commission (DPC) threatened the EDPB with legal action after accusing the board of exceeding its powers. The DPC has filed a case against the EDPB before the Court of Justice of the EU (CJEU). Details are not yet publicly available. 

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