EDPS: Difference between revisions
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===Appeals=== | ===Appeals=== | ||
A data subject has a right to a judicial remedy against a decision taken by the EDPS (Recital 79 and Article 64 2018/1725). In practice, this means that the General Court becomes the first instance court against a decision taken by the EDPS. Should the decision be appealed by the data subject, this will then go to the Court of Justice (CJEU) for a final decision. | |||
Article 64 states: | |||
1. The Court of Justice shall have jurisdiction to hear all disputes relating to the provisions of this Regulation, including claims for damages. | |||
2. Actions against decisions of the European Data Protection Supervisor, including decisions under Article 63(3), shall be brought before the Court of Justice. | |||
3. The Court of Justice shall have unlimited jurisdiction to review administrative fines referred to in Article 66. It may cancel, reduce or increase those fines within the limits of Article 66. | |||
The EDPS, as an independent institution, must fund its own legal defence. As it is enforcing the law against other European Union institutions, bodies, offices and agencies, it cannot rely on, for example, the Commission's legal service. It therefore, has its own legal service who goes to Court in the institutions's behalf. The Supervision and Enforcement Unit (the unit responsible for the appealed decision) cooperates closely with the legal service. | |||
==Practical Information== | ==Practical Information== |
Revision as of 12:47, 10 May 2024
European Data Protection Supervisor | |
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Name: | European Data Protection Supervisor |
Abbreviation: | EDPS |
Jurisdiction: | European Union |
Head: | Wojciech Wiewiórowski |
Deputy: | n/a |
Adress: | Rue Wiertz 60, 1047 Bruxelles, Belgium |
Webpage: | www.edps.europa.eu |
Email: | edps@edps.europa.eu |
Phone: | +32 2 283 19 00 |
Twitter: | n/a |
Procedural Law: | n/a |
Decision Database: | n/a |
Translated Decisions: | Category:EDPS |
Head Count: | n/a |
Budget: | n/a |
The European Data Protection Supervisor (EDPS) is the Data Protection Authority for European Union Institutions. The EDPS resides in Bruxelles and is in charge of enforcing Regulation (EU) 2018/1725 in the European Union institutions.
Structure
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Procedural Information
Applicable Procedural Law
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Appeals
A data subject has a right to a judicial remedy against a decision taken by the EDPS (Recital 79 and Article 64 2018/1725). In practice, this means that the General Court becomes the first instance court against a decision taken by the EDPS. Should the decision be appealed by the data subject, this will then go to the Court of Justice (CJEU) for a final decision.
Article 64 states:
1. The Court of Justice shall have jurisdiction to hear all disputes relating to the provisions of this Regulation, including claims for damages.
2. Actions against decisions of the European Data Protection Supervisor, including decisions under Article 63(3), shall be brought before the Court of Justice.
3. The Court of Justice shall have unlimited jurisdiction to review administrative fines referred to in Article 66. It may cancel, reduce or increase those fines within the limits of Article 66.
The EDPS, as an independent institution, must fund its own legal defence. As it is enforcing the law against other European Union institutions, bodies, offices and agencies, it cannot rely on, for example, the Commission's legal service. It therefore, has its own legal service who goes to Court in the institutions's behalf. The Supervision and Enforcement Unit (the unit responsible for the appealed decision) cooperates closely with the legal service.
Practical Information
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Statistics
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EU/EEA/UK Data Protection Authorities | |
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Austria · Belgium · Bulgaria · Croatia · Cyprus · Czech Republic · Denmark · Estonia · Finland (Åland) · France · Germany (Baden-Württemberg · Bavaria, private sector · Bavaria, public sector · Berlin · Brandenburg · Bremen · Hamburg · Hesse · Lower Saxony · Mecklenburg-Vorpommern · North Rhine-Westphalia · Rhineland-Palatinate · Saarland · Saxony · Saxony-Anhalt · Schleswig-Holstein · Thuringia ) · Greece · Hungary · Ireland · Italy · Latvia · Lithuania · Luxembourg · Malta · Netherlands · Poland · Portugal · Romania · Slovakia · Slovenia · Spain (Basque Country · Catalonia · Andalusia)· Sweden | |
Iceland · Liechtenstein · Norway · United Kingdom | EDPS · EDPB |