AFEP welcomes the publication of this long awaited proposal for a regulation to facilitate the handling of cases involving the cross-border processing of personal data.
However, this draft is a source of imbalance between the parties and calls into question the rights of defence, which needs to be corrected.
To this end, AFEP supports the following measures in particular:
– Specify the preliminary information that must be communicated by the complainant to the supervisory authority;
– Inform the entity that is the subject of a complaint from the first stage of the investigation and afterwards at each stage, particularly during exchanges between supervisory authorities, so that it can fully exercise its rights of defence;
– Clarify the conditions under which the parties may agree to an amicable settlement.