I think my data protection rights have been violated, what can I do?
If you believe your data protection rights have been violated you can contact the organisation holding your data, contact your national data protection authority (DPA), or go to a national court.
DPAs can conduct investigations and impose sanctions where necessary. You can find the contact details for all EEA DPAs here.
Are EDPB documents available in all EU languages?
We are constantly working on the translation of our documents into the official EU languages. All static content, as well as press releases and documents officially adopted by the Board, such as Guidelines, will be made available in these languages.
This process takes time and various steps need to be completed in order to provide translations of the best quality.
Please note that documents undergoing public consultation are usually not translated. It is only after the public consultation has been concluded and a final version of the document has been adopted by the Board that these documents will be translated.
Do you think your data has been lost or stolen?
The GDPR puts in place clear procedures in case of a data breach. If a data breach poses a risk, companies and organisations holding your data have to inform the relevant data protection authority within 72 hours or without undue further delay. If the leak poses a high risk to you, then you must also be informed personally.
Every organisation, regardless of the their size or sector, established in the European Economic Area (EEA) or offering products or services to individuals in the EEA, processing personal data whether or not by automated means needs to comply with the GDPR. The GDPR applies to the automated processing of personal data and to processing operations carried out manually from the moment the paper files are organised in a systematic manner, e.g. ordered alphabetically in a filing cabinet.
Examples of processing operations include collecting, recording, organising, using, modifying, storing, disclosing, altering and erasing individuals’ personal data.
Nevertheless, the application of the GDPR is modulated according to the nature, context, purposes and risks of the processing operations carried out. For SMEs whose core business is not the processing of personal data, the obligations can be less strict than for a large company.
Is the guidance adopted by the Article 29 Working Party (WP29) still relevant today?
The EDPB endorsed WP29 documents are available here.
As regards the other existing WP29 documents, they may remain relevant and helpful insofar as the EDPB has not adopted new documents on the topic and/or they are compatible with the GDPR. This amounts to a case-by-case assessment.
When will the EDPB’s decision be published in those cases where it settles conflicting views on a draft decision or where it decides on the Lead Supervisory Authority (LSA)?
Once the Lead Supervisory Authority (LSA) or, in some cases the Concerned Supervisory Authority (CSA), with which the complaint was lodged has notified the EDPB of the date its final decision was communicated to the controller or processor and, where relevant, to the complainant, the EDPB will publish its own decision on its website.
The EDPB brings together the EU DPAs and the European Data Protection Supervisor (EDPS). The EEA EFTA countries (Iceland, Liechtenstein and Norway) are also members with regard to GDPR-related matters and without the rights to vote and to be elected as chair or deputy chair. The European Commission and - with regard to GDPR-related matters - the EFTA Surveillance Authority have the right to participate in the activities and meetings of the Board without voting rights.
The EDPB aims to ensure the consistent application of the General Data Protection Regulation and of the Law Enforcement Directive in the European Economic Area (EEA). The EDPB also looks into the application of certain aspects of the ePrivacy Directive.
Our main tasks and duties are:
providing general guidance (including guidelines, recommendations and best practices) to clarify the law and to promote a common understanding of EU data protection laws;
adopting opinions addressed to the European Commission or to the national Data Protection Authorities (DPAs):
to advise the European Commission on any issue related to the protection of personal data and newly proposed legislation in the European Union (Art. 70 GDPR). In some instances, we issue Joint Opinions together with the EDPS (Art.42 of Regulation 2018/1725);
to ensure consistency of the activities of national data protection authorities (DPAs) on cross-border matters (Art. 64 GDPR). If authorities fail to respect an opinion issued by the EDPB, we may adopt a binding decision;
adopting binding decisions addressed to the national DPAs and aiming to settle disputes between them when they cooperate in cross-border cases, with the purpose of ensuring the correct and consistent application of the GDPR in individual cases;
promoting and supporting the cooperation among national DPAs.
In which cases is the dispute resolution mechanism of Art. 65.1 (c) GDPR triggered?
While Art. 65 (a) and (b) relate to the one-stop-mechanism, Art.65.1 (c) GDPR concerns obligations of Data Protection Authorities (DPAs) stemming from the consistency mechanism.
More specifically, every competent DPA has the duty to request an opinion from the EDPB before adopting national measures pursuant to article 64.1 GDPR. Such measures include lists of processing operations for which a Data Protection Impact Assessment (DPIA) is required, or the approval of a new set of standard clauses. In addition, under Art. 64.2 GDPR, any SA may also request an EDPB consistency opinion on any matter of general application or producing effects in more than one Member State.
If an DPA does not request the opinion of the EDPB for the cases listed under Art. 64.1 GDPR or does not follow the EDPB opinion issued under Art. 64 GDPR, any DPA and the European Commission can launch the dispute resolution procedure of Art. 65.1 (c) GDPR about the matter.
The dispute resolution mechanism of Art. 65 GDPR has been triggered - what happens next?
Within one month from the referral of the subject matter, the EDPB must adopt a decision by a two-thirds majority.
The one-month deadline to adopt this binding decision can be extended by another month, if the case is complex. When the EDPB is not able to reach a decision within the abovementioned period, the decision must be adopted by a simple majority within two additional weeks. Should the members of the EDPB be split, the decision will be adopted by the vote of the EDPB Chair.