01 Sep 2023

Squaring GDPR enforcement: stronger procedures for the one-stop shop

Executive summary

DIGITALEUROPE welcomes the proposed Regulation laying down additional procedural rules for the enforcement of the General Data Protection Regulation (GDPR).1

The proposal is an opportunity to reinforce the one-stop-shop (OSS) mechanism, which is central to the Digital Single Market. As is the proposal’s intention, this can be done by complementing, without reopening, the GDPR.

In line with the proposal’s ambition and for increased efficacy, we suggest:

Further specifying the framework for amicable settlements throughout cross-border cases, after complaints or in ex-officio cases;

Reinforcing safeguards for highly confidential information and trade secrets in the summary of key issues and administrative files;
Ensuring that the parties’ positions are heard throughout the proceedings, including in dispute resolution mechanisms;
Setting procedural deadlines that fully safeguard due process, notably in the timeframe to provide a response to the administrative file shared; and
Avoiding disproportionate limits to the lead supervisory authority’s (LSA) responsibility in establishing the scope of its own investigations.