Draft
ENFORCEMENT Subgroup meeting
12 November 2018, Brussels
1. Welcome + adoption of the agenda
The minutes of last meeting were approved.
2. Enforcement practice
a) Round-table discussion about experiences with cooperation and enforcement. Place for asking
substantive questions to the group, exchanging best practices and discussing issues with (national)
procedures. All members are requested to collect input from their relevant departments (ALL)
(discussion).
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BE: issue which is increasingly coming is the competence of SAs in cases where the processing of
personal data is also subject to the ePrivacy framework. Broadly 2 positions can be distinguished:
ePrivacy is national law and nothing to do with GDPR vs. it is processing of personal data and therefore
competence of SAs, who can also take into consideration ePriv restrictions. Further clarification is
required; BE considering to trigger an Article 64.2 to obtain clarity for all stakeholders.
-
anticipates 30 000 complaints by end of the year.
workload has been normalised. No implementation of the GDPR yet in national legislation.
FINAL 30/11/2018
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: a lot of complaints, most of them were inadmissible since national SAs are competent
-
-
number of complaints doubled. Identification of the controller is verified. Asks for feedback about
other national procedures.
-
b) List of representatives of companies located outside the EU (
(request for mandate).
An IT solution is asked by the
as to the sharing of information accessible to all.
An IT platform is also discussed within cooperation subgroup, and the SG suggested to wait until this tool is
available. No request for mandate until the platform is there.
c)
d) List of contact persons within DPAs for quick questions (
discussion on the way forward).
Discussion on the opportunity of having an informal contact group. Some members raise that the existing
instruments are already satisfying.
Conclusion: not enough support currently from most of SAs on an informal communication channel between
SAs. The subgroup will continue evaluating the need for the right channel for cooperation as the importance of
such cooperation has already been recognised.
3. Questionnaires
a) Questionnaires on secrecy + investigation powers (EDPB Secretariat) (presentation of the
outcomes).
SEC presents the results of the questionnaires and the final document.
b) Timeline for remaining questionnaires (
(discussion).
TO DO: Before next ENF meeting, a new round of questionnaires will be sent to members by
with SEC.
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4. OSS and Main Establishment –
5. RTBF Guidance
updated the state of play
There is an informal group on the RTBF. The mailing list can still be used to share information and
experience.
reminds that there is an ongoing procedure against
on the RTBF and the territorial scope.
TO DO:
will try to have a consolidated draft of the guidance at the end of next week for
comments. If satisfactory, the document shall be presented at the next plenary.
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6. Updates
a) EDPB Strategy
) (update)
will start analysing the responses in December and provide a first result in January. DE volunteered
to be rapporteur and
will communicate the answers received.
b) Work plan 2019-2020 (for discussion)
It was decided to remove the item on the application of the GDPR over time (no need for mandate) and the item
on the enforcement against controllers established in non EU countries shall added. ICO will be contacted to see
what the work of COOP SG is about in the COOP SG.
c) UBER Taskforce (
(update)
Almost ready to close the task force since the cases were closed by the respective SAs. Wrap-up report
to be submitted to February Plenary and discuss with the TF the coordination of communications.
f) RTBF
No separate mandate shall be asked but national experience shall be shared.
7. Miscellaneous
a) Application of GDPR over time (
(discussion)
b) TBD
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No point raised.
To-do/Next steps
Before next ENF meeting, a new round of remaining questionnaires will be sent to members
by
with SEC.
ENF SG will collect experience and difficulties with the LSA guidelines and give feedback to
KEYP/COOP
will draft an infonote on main establishment and OSS and before next ENF SG
meeting to be distributed to other SGs for the Plenary of February
will try to have a consolidated draft of the RTBF guidance at the end of next week for
comments. If satisfactory, the document shall be presented at the next plenary.
NEXT MEETING: 22 February 2019
Annex: Attendance List
Members: AT, DE, EE, EL, ES, EDPS, FI, FR, HU, IE, IT, LU, LV, PL, RO, SI, SK, UK, BE, DK, HR, NL, PT, SE
EFTA EEA: LI, NO
Others: COM
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