Brussels Sets Out To Fix the GDPR (politico.eu) 64
The European Union is (finally) coming to grips with the dysfunctionalities of its most famous tech law of all: the General Data Protection Regulation. From a report: The European Commission will propose a new law before the summer that's aimed at improving how EU countries' privacy regulators enforce the GDPR, a newly published page on its website showed. Adopted in 2016, the privacy rulebook was a watershed moment in global tech regulation, forcing companies to abide by new standards such as asking for consent to collect people's data online against threats of hefty fines of up to 4 percent of global annual turnover. The law effectively became European officials' poster child of powerful legislation coming out of Brussels. But five years after EU data protection authorities started their job, as GDPR entered into force, activists, experts and some national privacy watchdogs have become frustrated at what they see as an inefficient system to tackle major cases, especially from Big Tech companies.
Most notably, critics have lamented the powerful role that the Irish Data Protection Commission has under the so-called one-stop shop rule, which directs most major investigations to run through the Irish system because tech companies like Meta, Google, Apple and others have set up their European homes there. Under the GDPR, tech companies are overseen by the national regulator in the EU country where they are headquartered. Ireland and, to a lesser extent, Luxembourg, where Amazon's EU headquarters is based, have faced mounting criticism in recent years for lax enforcement, which they deny. The Irish data authority in recent months imposed some major multimillion-euro fines to sanction GDPR infringements from Meta, the parent company of Instagram and Facebook. Now, a new EU regulation that is expected in the second quarter of 2023 wants to set clear procedural rules for national data protection authorities dealing with cross-border investigations and infringements. The law "will harmonize some aspects of the administrative procedure" in cross-border cases and " support a smooth functioning of the GDPR cooperation and dispute resolution mechanisms," the Commission wrote.
Most notably, critics have lamented the powerful role that the Irish Data Protection Commission has under the so-called one-stop shop rule, which directs most major investigations to run through the Irish system because tech companies like Meta, Google, Apple and others have set up their European homes there. Under the GDPR, tech companies are overseen by the national regulator in the EU country where they are headquartered. Ireland and, to a lesser extent, Luxembourg, where Amazon's EU headquarters is based, have faced mounting criticism in recent years for lax enforcement, which they deny. The Irish data authority in recent months imposed some major multimillion-euro fines to sanction GDPR infringements from Meta, the parent company of Instagram and Facebook. Now, a new EU regulation that is expected in the second quarter of 2023 wants to set clear procedural rules for national data protection authorities dealing with cross-border investigations and infringements. The law "will harmonize some aspects of the administrative procedure" in cross-border cases and " support a smooth functioning of the GDPR cooperation and dispute resolution mechanisms," the Commission wrote.