Thread by @gabrielazanfir

Andrea Jelinek, Chair of @EU_EDPB, said there are currently 70 cross-border cases w final decisions, proving that OSS works; ‘these are not spectacular cases in terms of fines’ though #CPDP2020 #OneStopShop #GDPR

Most of these +70 cases are related to the rights of the data subject (erasure & access), followwd by cases related to data breach notifications.

One of the main challenges for smooth functioning of OSS are differences in national peocedural laws. ‘Resolution of cross border cases is time & resource consuming & intensive’ #CPDP2020

Caroline Loveaux of Mastercard said that informally they were already considering the Belgian DPA as their de facto regulator prior to the GDPR, but it was good to see the OSS approach formalized in the law.

@maxschrems makes the case that the OSS is not working & gives example of the first complaints @NOYBeu submitted on 25 May 2018 and which are still ongoing; he says 3 complaints in different countries were all forwarded to Ireland ...

@maxschrems agreed one big challenge is the difference in administrative procedures; he gave example of how in Austria all parties have access to all documents part of the procedure, while in Ireland access to documents is not open to all cases

A second round of cases focusing on access requests was filed by @NOYBeu a year ago and there are no decisions yet. @maxschrems raised the question of whether Having a huge delay in solving access to PD cases is an infringement of fundamental rights

(Chris Kuner makes some brilliant points:) 1. The #GDPR despite its appearance of harmonization, doesn’t really harmonize complaint handling, leaving it to national administrative procedure #CPDP2020

(Chris Kuner) 2. We are in the middle of a journey for a pan-European complaint handling system, but this (OSS) is merely the first step. Have patience, look at the long history of European Arrest Warrant or the Brussels Convention (now regs) #CPDP2020

(Chris Kuner) 3. (National) Courts can play an important role here too, they can step up & make the inherent deffects of OSS less important. Pay special attention to Case C-645/19 sent by a Belgian Court to CJEU.

@maxschrems announced @NOYBeu is working on a “class action app”, having another programmer hired recently.
#CPDP2020

@SjoeraNL asked a key question: if there are huge delays, taking years to solve a cross-border case, how do we effectively protect our fundamental rights? @maxschrems said @NOYBeu is changing strategy, looking now to file pure national cases to specific DPAs. #CPDP2020 #GDPR