Two bookmarks, concerning GDPR enforcement. The GDPR is an EU law with global reach and as such ‘exports’ the current European approach to data protection as a key citizen right. National Data Protection Agencies (DPAs) are tasked with enforcing the GDPR against companies not complying with its rules. The potential fines for non-compliance are very steep, but much depends on DPAs being active. Various DPAs at this point, 2 years after GDPR enforcement commencing, seem understaffed, indecisive, or dragging their feet.

Now the DPAs are being sued by citizens to force them to do their job properly. The Luxembourg DPA is sued for the surprising ruling that the GDPR is basically unenforcable outside the EU (which isn’t true, as it could block services into the EU, seize assets etc.) And there’s a case before the EUCJ, based on the Irish DPA being extremely slow in starting investigations of the Big Tech companies registered within its jurisdiction, that would allow other national DPAs to start their own cases against these companies. (Normally the DPA of the country where a company is registered is responsible, but in certain cases DPA’s of the countries of residence of the complaining citizen can get involved too.)

The DPAs are the main factor in whether the GDPR is an actual force for data protection or an empty gesture. And it seems patience with DPAs to take up their defined role is running out with various EU citizens. Rightly so.