Additional Procedural Enforcement Rules for GDPR

On 4 July 2023, the European Commission published a Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU) 2016/679 (‘the Proposal’) and formally consulted the EDPB and EDPS in accordance with Article 42(2) of Regulation (EU) 2018/1725.

The EDPB and EDPS very much welcome that the Proposal aims to foster effective enforcement of data protection rules and therefore intends to give effect to many of the suggestions contained in the ‘EDPB wish list’. It aims to complement Regulation (EU) 2016/679 (‘the GDPR’) by specifying procedural rules, streamlining the cooperation and dispute resolution mechanisms, and harmonising the procedural rights of the parties under investigation and complainants in cross-border cases. The timely adoption of this future Regulation, taking into account the recommendations set forth by the EDPB and EDPS in this Joint Opinion, is of paramount importance to further improve the efficiency and consistency of GDPR enforcement.

On a general note, the EDPB and EDPS wish to underline that the effective enforcement of the GDPR, including through the application of the future Regulation which introduces new procedural steps that are likely to increase the current workload of SAs, will require that both the national SAs and the EDPB are provided with sufficient resources.

 

• EDPB-EDPS Joint Opinion 01/2023 on the Proposal for a Regulation of the European Parliament and of the Council laying down additional procedural rules relating to the enforcement of Regulation (EU)2016/679