On February 20, 2023, the European Commission launched an initiative to further specify procedural aspects relating to the enforcement of the GDPR (“ procedural initiative”). The aim of the procedural initiative is to clarify the administrative procedure that applies in cross-border investigations and enforcement under the GDPR. These rules are expected to clarify and complement the existing rules on cooperation and dispute resolution under GDPR Articles 60 and 65.

This procedural initiative was announced in the Commission’s work program for 2023, and the text of the proposal is not yet available. The European Commission is expecting to publish a draft regulation on procedural rules relating to the enforcement of the GDPR in Q2 2023.

The European Commission’s procedural initiative follows the European Data Protection Board’s (“EDPB”) statement on enforcement cooperation of April 28, 2022 and letter issued to Commissioner Didier Reynders on October 10, 2022. In the latter, the EDPB shared a list of procedural aspects that should be harmonized at the EU level to better enforce the GDPR. In particular, the EDPB is focused on improving cooperation among supervisory authorities (“SAs”) with respect to cross-border data protection cases and enforcement actions.

Since the entry into force of the GDPR, cross-border investigations and enforcement actions have been in the hands of SAs in each EU member state. However, there have been increased debates on the effectiveness of individual SAs in enforcing GDPR rules and principles, and handling cross-border cases. (By contrast, under the newly adopted Digital Markets Act and Digital Services Act, the European Commission has centralized enforcement powers that it can exercise).

In a report on the “Overview of regulatory strategies of European Data Protection Authorities for 2023 and beyond” (“the FPF Report”) published by Future of Privacy Forum in February 2023, most SAs across the EU have expressed an interest in:

  • having closer cooperation on strategic cases – e.g., cases with structural or recurring problem in several Member States, cases related to the intersection of data protection with other legal fields, cases affecting a large number of data subjects in several Member States, and cases where high risks can be assumed; and
  • receiving assistance from the EDPB’s Support Pool of Experts on a range of data protection-related topics going from anonymization techniques, personal data breaches, biometrics, and policy monitoring, among others.

The FPF Report mentions that the EDPB recommends the harmonization of procedural aspects of GDPR enforcement, with a focus on “the (i) status and rights of the parties to the administrative procedures, (ii) procedural deadlines, (iii) requirements for admissibility or dismissal of complaints, (iv) investigative powers of SAs, and (v) the overall implementation of the cooperation procedure”.

Recent examples of increased cooperation between SAs to enforce data protection law include the EDPB’s Cookie Taskforce (see our previous blog post) and EDPB’s Coordinated Enforcement Framework report on the public sector’s use of cloud-based services (see our previous blog post).

This latest development that the EU Commission is preparing a regulation to clarify certain procedural aspects to enforcing the GDPR is part of this broader trend. The procedural initiative is still in its early stages since the European Commission is currently preparing the proposal before publishing it on its website.

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Covington’s Data Privacy and Cybersecurity Team will continue to monitor the EU Commission’s procedural initiative. Our team is happy to assist with any inquiries relating to the GDPR, and other tech regulatory matters.

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Photo of Dan Cooper Dan Cooper

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing…

Daniel Cooper is co-chair of Covington’s Data Privacy and Cyber Security Practice, and advises clients on information technology regulatory and policy issues, particularly data protection, consumer protection, AI, and data security matters. He has over 20 years of experience in the field, representing clients in regulatory proceedings before privacy authorities in Europe and counseling them on their global compliance and government affairs strategies. Dan regularly lectures on the topic, and was instrumental in drafting the privacy standards applied in professional sport.

According to Chambers UK, his “level of expertise is second to none, but it’s also equally paired with a keen understanding of our business and direction.” It was noted that “he is very good at calibrating and helping to gauge risk.”

Dan is qualified to practice law in the United States, the United Kingdom, Ireland and Belgium. He has also been appointed to the advisory and expert boards of privacy NGOs and agencies, such as Privacy International and the European security agency, ENISA.

Photo of Sam Jungyun Choi Sam Jungyun Choi

Sam Jungyun Choi is an associate in the technology regulatory group in the London office. Her practice focuses on European data protection law and new policies and legislation relating to innovative technologies such as artificial intelligence, online platforms, digital health products and autonomous…

Sam Jungyun Choi is an associate in the technology regulatory group in the London office. Her practice focuses on European data protection law and new policies and legislation relating to innovative technologies such as artificial intelligence, online platforms, digital health products and autonomous vehicles. She also advises clients on matters relating to children’s privacy and policy initiatives relating to online safety.

Sam advises leading technology, software and life sciences companies on a wide range of matters relating to data protection and cybersecurity issues. Her work in this area has involved advising global companies on compliance with European data protection legislation, such as the General Data Protection Regulation (GDPR), the UK Data Protection Act, the ePrivacy Directive, and related EU and global legislation. She also advises on a variety of policy developments in Europe, including providing strategic advice on EU and national initiatives relating to artificial intelligence, data sharing, digital health, and online platforms.

Diane Valat

Diane Valat is a trainee who attended IE University.

Photo of Anna Oberschelp de Meneses Anna Oberschelp de Meneses

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate…

Anna Sophia Oberschelp de Meneses is an associate in the Data Privacy and Cybersecurity Practice Group.  Anna is a qualified Portuguese lawyer, but is both a native Portuguese and German speaker.  Anna advises companies on European data protection law and helps clients coordinate international data protection law projects.  She has obtained a certificate for “corporate data protection officer” by the German Association for Data Protection and Data Security (“Gesellschaft für Datenschutz und Datensicherheit e.V.”). She is also Certified Information Privacy Professional Europe (CIPPE/EU) by the International Association of Privacy Professionals (IAPP).  Anna also advises companies in the field of EU consumer law and has been closely tracking the developments in this area.  Her extensive language skills allow her to monitor developments and help clients tackle EU Data Privacy, Cybersecurity and Consumer Law issues in various EU and ROW jurisdictions.