06 February 2024, Brussels, Belgium – Legal analysis has shown serious risks to fundamental rights posed by the European Parliament proposed changes to the GDPR procedural rules. The legal memo, drafted by Mr. Yann Padova at the request of DOT Europe highlights concerns on the proposed changes by the European Parliament which would pose risks to the fundamental rights of the parties under investigation, create conflicts with the existing GDPR and disincentivise early resolution of complaints and the use of amicable settlements.
The Committee on Civil Liberties, Justice and Home Affairs (“LIBE Committee”) published its Draft Report on the GDPR Procedural Rules Proposal in November 2023, proposing substantial changes to the Proposal. To better understand the potential impact of the suggested changes, DOT Europe requested a legal analysis of the Draft Report. The analysis investigated the interplay of the Draft Report with core principles of the GDPR and with certain European fundamental rights enshrined in the Charter of Fundamental Rights as interpreted by the European Court of Justice.
Among other aspects, the legal analysis outlines that:
- The Draft Report risks violating the fundamental rights of the parties under investigation;
- The Draft Report threatens to undermine core concepts and principles of the GDPR and;
- The Amendments make it unlikely that parties will engage in reaching resolution at an early stage and further restrict and disincentivize parties from reaching an amicable settlement.
“The legal analysis outlines a number of concerning elements which require an in-depth and transparent exchange between policymakers, legal professionals and engaged stakeholders. All changes should be in line with the EU’s fundamental rights framework and the existing GDPR. They should provide legal certainty and support the goal of further facilitating, not undermining, enforcement of the GDPR.” said Constantin Gissler, Director General at DOT Europe.
As the European Parliament works towards a final position, we urge policymakers to consider the legal considerations raised and initiate a transparent dialogue that ensures a final position aligned with fundamental rights and GDPR principles. DOT Europe looks forward to supporting this work.
About the author
Yann Padova is Partner at law firm Wilson Sonsini Goodrich and Rosatti. Yann Padova began his career as an Administrator at the French National Assembly, where he focused on personal data law and criminal law and criminal investigations. He also served as Secretary General of the CNIL—France’s data protection authority—where he notably built the CNIL’s enforcement and technological capacities. He was also named “strategic advisor” from 2016 to 2019 by the Information Commissioner’s Office (ICO) — the UK’s Data Protection Authority — on the interplay between innovation and regulation (“sandbox” initiative).Yann was also involved in the early negotiation of the GDPR at the EU level.
Read the legal analysis here: Privacy Online – DOT Europe