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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.