NOYB warns GDPR procedural regulation may need to be annulled

Following a blog article in April, criticising efforts to streamline EU General Data Protection Regulation (GDPR) enforcement through the proposed GDPR Procedural Regulation, the Austrian privacy and digital rights advocacy group NOYB is now considerring options to bring an annulment procedure if the Regulation passes in its current form. NOYB claims that the harmonisation law proposal is overly complicated, potentially resulting in longer procedures, hindering cross-border GDPR enforcement, and undermining fundamental principles of the Right to a Fair Procedure and Good Administration. As such, NOYB argues the new regulation will have the opposite effect of simplifying and streamlining procedures.

In a statement, Honorary Chair NOYB, Max Schrems, said: "The regulation is so structurally flawed, that the Court of Justice may have to annul it. The current draft likely violates the Charter in multiple ways on access to evidence, fairness, equality of arms and a timely decision. In theory, the regulation could be annulled before it becomes applicable."