IAB Europe recommendations for GDPR cross-border enforcment
A European association called IAB Europe that represents members in the digital marketing and advertising companies (including media publishers and independent third-party measurement firms) has released a paper to improve GDPR enforcement in cross-border cases. This was released in response to a European Commission call to make GDPR enforcement “simpler and faster”.
IAB Europe stated that it, “welcomes the European Commission’s ambition to make GDPR enforcement ‘simpler and faster’ in cross-border cases. We appreciate the opportunity to share recommendations on how the draft regulation can be further clarified to both enhance defendants’ rights and improve GDPR enforcement in cross-border cases. Since the Commission is expected to launch a full review of the GDPR next year, we see the draft GDPR procedural regulation as a first step. We believe that the ambition to develop a set of rules that is simpler and more effective - as highlighted by the draft GDPR procedural regulation - should continue to guide the Commission approach to the GDPR review.
IAB Europe’s recommendations to the European Commission include:
The one-stop-shop system should remain the foundation of GDPR governance - the authorities in the country in which a company is registered would automatically have jurisdiction over the investigation - is untouched in the Commission proposal.
Early resolutions, such as amicable settlements, should be encouraged.
Supervisory authorities must show good faith and cooperation - co-legislators should introduce an obligation on supervisory authorities to adhere to the principles of utmost good faith, sincere cooperation and deference.
Increased transparency is key to ensure that supervisory authorities are accountable to their decisions.
Measures to preserve business information confidentiality should be effectively enforced - IAB Europe welcomes the Commission’s ambition to prohibit the complainants from disclosing confidential information about the case.
Defendants’ right to be heard should be strengthened to ensure a fair procedure.
Defendants should be able to effectively exercise their right to be heard.
To read IAB Europe’s key recommendations, see their published paper.