15 February 2024, Brussels, Belgium – Today, the European Parliament’s Committee on Civil Liberties, Justice, and Home Affairs (“LIBE Committee”) adopted its position on the European Commission’s proposal on GDPR Procedural Rules. Regrettably, MEPs did not consider the effects of the proposed changes on fundamental rights; conflicts with the existing GDPR; and the inclusion of disincentives to early resolution of complaints and the use of amicable settlements.
DOT Europe had previously highlighted potential negative implications of these changes. A legal analysis conducted by Yann Padova (Partner at Wilson Sonsini Law Firm & former Secretary-General of the French CNIL), commissioned by DOT Europe, had outlined several serious legal concerns about the Parliament’s proposed changes. These concerned risks to fundamental rights, threats to core concepts and principles of the GDPR and disincentives to early resolution of complaints and the use of amicable settlements.
DOT Europe regrets that the urgency of negotiations ahead of the upcoming elections prevailed over a thorough consideration of these crucial legal concerns. The substantial changes to the original European Commission proposal, which would heavily impact the wider GDPR framework would have required a more in-depth discussion.
“The Parliament’s position runs counter to the Commission’s original goal of streamlining the GDPR enforcement process and risks undermining key concepts of the GDPR. More concerning, some of the changes introduced negatively impact the fundamental rights of those investigated. These shortcomings should be remedied by the co-legislators in the remaining legislative procedure.” said Constantin Gissler, Director General at DOT Europe.
As work continues towards a Council position and trilogue negotiations, DOT Europe urges policymakers to address these serious legal concerns and engage in a more detailed and evidence-based discussion on the proposal and its implications.
