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Irish DPC challenges EDPB authority to order new Meta probes; EU court hears dispute over GDPR one-stop-shop and scope of cross-border enforcement

Published on: 19 April 2024

Published by an LexisNexis Ireland - Commercial expert
Legal News
Article summary

Allowing the board to order new inquiries, as happened in a case involving Meta, is at odds with the purpose of the GDPR, Brian Kennelly, representing the Irish Data Protection Commission (DPC), told the court. He contended that this would plainly erode the one-stop-shop — the framework that assigns a lead data protection authority based on a company’s main EU base. If other authorities, acting through the board, could compel the lead to rework every element of its probe, the lead regulator’s authority and effectiveness would be seriously undermined. He also warned of concrete risks to procedural fairness and likely challenges by the company concerned which, if upheld, could jeopardise and prejudice the investigation in its entirety...

The board is the umbrella organisation for EU data protection authorities and resolves disputes between members when they cannot agree on outcomes in cross-border GDPR enforcement...

Meta Platforms cases

In its adjudicatory role, the board last year directed the DPC to commence fresh investigations into Facebook, Instagram and WhatsApp — three units of Meta Platforms — issuing that instruction as part of broader rulings concerning the trio...

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