One-stop-Shop Mechanism in EU GDPR

Brief in details about One-stop-Shop Mechanism in EU GDPR

The One-Stop-Shop mechanism in the EU General Data Protection Regulation (GDPR) is a pivotal enforcement mechanism designed to streamline privacy law guidance and enforcement for organizations conducting cross-border data processing activities within the EU. Here are the key points about the One-Stop-Shop mechanism:

Purpose: The One-Stop-Shop mechanism aims to ensure consistent enforcement of the GDPR by providing a central point of enforcement through a lead supervisory authority for organizations operating in multiple EU countries

Lead Supervisory Authority: Organizations conducting cross-border data processing activities will primarily work with the supervisory authority based in the same Member State as their main establishment, known as the lead supervisory authority

Consumer Impact: The mechanism empowers consumers to exercise their rights more effectively by allowing them to request information from their local supervisory authority about their rights under the GDPR, especially concerning cross-border processing by multinational organizations

Organizational Impact: While there may be administrative burdens in coordinating cross-border cases, the One-Stop-Shop mechanism shifts much of the burden to regulators, enabling organizations to interact with one clear voice of authority in EU privacy law and implement consistent privacy strategies across all EU offices

Cooperation and Consistency: The mechanism requires supervisory authorities to cooperate with each other to align their guidance and enforcement procedures, ensuring a uniform application of the GDPR and consistent decisions by supervisory authorities

Article 56 : One-Stop-Shop mechanism

Article 56(4) of the EU General Data Protection Regulation (GDPR) outlines a crucial aspect of the One-Stop-Shop mechanism by specifying the process for handling complaints and possible infringements of the GDPR. This provision mandates that each supervisory authority has the competence to address complaints or potential violations within its jurisdiction. However, if the subject matter of the complaint or infringement relates to an establishment in another Member State or substantially affects data subjects in another Member State, the supervisory authority must promptly inform the lead supervisory authority.

Upon receiving this information, the lead supervisory authority has a time frame of three weeks to decide whether it will handle the case in accordance with the procedure outlined in Article 60 of the GDPR. This decision-making process by the lead supervisory authority is crucial for ensuring efficient and consistent enforcement of the GDPR across the EU, especially in cases involving cross-border data processing activities.

For example, if a company with operations in multiple EU countries faces a data protection complaint that spans across different Member States, the supervisory authority in the Member State where the complaint originated will inform the lead supervisory authority. The lead supervisory authority will then assess the case and decide whether it will take the lead in handling the complaint within three weeks, following the procedures set out in Article 60 of the GDPR. This mechanism helps streamline enforcement efforts and ensures a coordinated approach to data protection issues in a cross-border context.

what is the difference between a draft decision and a final decision in the one-stop-shop mechanism

In the One-Stop-Shop mechanism of the EU General Data Protection Regulation (GDPR), the difference between a draft decision and a final decision is crucial in the enforcement process:

- **Draft Decision**: A draft decision is an initial proposed decision made by the lead supervisory authority (LSA) or a supervisory authority involved in a cross-border case. It outlines the authority's preliminary stance on the matter, taking into account relevant information and objections raised by concerned supervisory authorities (CSAs). The draft decision is subject to review, feedback, and potential revisions before reaching a final resolution[3][5].

- **Final Decision**: A final decision is the ultimate resolution reached by the lead supervisory authority after considering all relevant information, objections, and feedback from concerned supervisory authorities. It represents the conclusive outcome of the case and determines the course of action to be taken regarding the data protection issue at hand. Once a final decision is made, it is binding and must be implemented without undue delay by the relevant parties[3][5].

In essence, a draft decision is a preliminary proposal subject to review and potential revisions, while a final decision is the conclusive resolution that determines the actions to be taken in response to a data protection issue within the One-Stop-Shop mechanism.

Citations:

[1] Changes to the One Stop Shop | RPC https://www.rpc.co.uk/perspectives/data-and-privacy/changes-to-the-one-stop-shop/

[2] One Stop Shop (OSS) - Data Protection Commission https://www.dataprotection.ie/en/organisations/international-transfers/one-stop-shop-oss

[3] [PDF] Article 65 FAQ How does cross-border cooperation work ... https://www.edpb.europa.eu/system/files/2021-09/20201110_art65_faq_en.pdf

[4] EDPB publishes new register containing One-Stop-Shop decisions https://www.edpb.europa.eu/news/news/2020/edpb-publishes-new-register-containing-one-stop-shop-decisions_en

[5] GDPR One-Stop-Shop: Everything You Need to Know - Cookie Law Info https://www.cookielawinfo.com/gdpr-one-stop-shop/