Now or Never: Strengthen #GDPR Procedural Rules to Hold Big Tech Accountable Once and for All
The Civil Liberties Union for Europe with 30+ digital rights organisations express our concern regarding the development of the proposed GDPR Procedural Regulation, which we believe represents a missed opportunity to address longstanding enforcement challenges effectively.
We urge EU legislators to:
1. Prioritise this legislative initiative as an essential part of the backbone of EU digital law enforcement. The GDPR Procedural Regulation is critical to strengthening the currently flawed effectiveness of the EU’s data protection framework and fostering a fair digital ecosystem.
2. Revisit problematic provisions and preliminary trilogue agreements. Current draft texts, particularly Article 5, 19 and 21, seem to include loopholes that would risk perpetuating inefficiencies and abuses, notably regarding the asymmetry between individual complainants and powerful companies. These must be addressed to create a robust framework.
3. Keep in mind the law’s objectives: ensuring procedures that are shorter, efficient, and rights-respecting. However, be also wary of provisions that may appear beneficial in theory by streamlining processes but risk becoming unworkable in practice, ultimately creating bureaucratic deadlock and further eroding individuals’ rights, such as Articles 11 to 16 and the proposed Article 6bis.
4. Allow sufficient time for negotiations and consult with experts. Rushing this process, as we have seen thus far, risks compromising the Regulation’s integrity and effectiveness, particularly in safeguarding rights. In procedural law, every detail matters and must properly interact with each other. The implications of each provision must be carefully evaluated. Legal clarity and consistency are essential for a successful outcome.
5. Strengthen safeguards for data subjects in cross-border cases. The Regulation must guarantee consistent, timely, and rights-respecting enforcement across the EU/ EEA, restoring trust in GDPR mechanisms and ensuring full respect of the Charter of Fundamental Rights. This includes securing symmetrical right to be heard and equal access to case files for both parties.
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