Article 81 of the GDPR: Suspension of procedures
Article 81 of the GDPR: Suspension of procedures
Article 81 of the GDPR allows national courts to suspend proceedings when a similar case is already being handled by a supervisory authority or submitted to the European Data Protection Board (EDPS).
Article 81 of the GDPR explained
When processing is subject to:
- A mechanism for cooperation or consistency control between supervisory authorities;
- In the opinion of the European Data Protection Board;
- Or a dispute resolution mechanism at European level...
Then, any national court can decide to suspend the current procedure until a binding decision is rendered at European level.
This allows one harmonized approach cross-border processing in the European Union.
Why is this article important for your GDPR compliance?
Article 81 guarantees the consistency of decisions in the context of complex GDPR disputes. It limits divergences of interpretation between Member States and promotes legal certainty for companies operating in several countries.
How to comply with Article 81 of the GDPR?
- Follow the EDPS's opinions carefully when they concern your sector or practices;
- Anticipate collective or European procedures that could suspend local legal action;
- Keep your documentation up to date to be able to justify your compliance in the event of a resumption of procedure;
- In the event of a dispute, cooperate with the competent authorities so as not to unnecessarily lengthen the procedure.
Examples of application of Article 81 of the GDPR
- Legal proceedings against a multinational are suspended pending a decision by the EDPS on the processing in question;
- A supervisory authority refers the matter to the Committee for an opinion, leading to the pause of litigation in several countries;
- A company invokes suspension to secure its legal exposure in a cross-border case.
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