Editing Article 57 GDPR

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The filing of complaints should be facilitated. This means that the DPA should be able to provide simple and intuitive solutions for uploading and filing the complaint as well as relevant attachments. The provision expressly mentions a "''complaint submission form''" which should be easy to understand and access to. The provision, however, does not exclude "''other means of communications''", such as the e-mail. In order to facilitate the filing, the DPA IT systems should should be able to receive the complaints with the least number of obstacles possible. It should allow the upload of the most commonly used files format, <ref>BeckOK DatenschutzR / Eichler, 35th Ed. 1.2.2021, GDPR Art. 57 Rn. 41-43</ref> and avoid setting unreasonable restrictions on the amount of files that can be uploaded and their dimension.
 
The filing of complaints should be facilitated. This means that the DPA should be able to provide simple and intuitive solutions for uploading and filing the complaint as well as relevant attachments. The provision expressly mentions a "''complaint submission form''" which should be easy to understand and access to. The provision, however, does not exclude "''other means of communications''", such as the e-mail. In order to facilitate the filing, the DPA IT systems should should be able to receive the complaints with the least number of obstacles possible. It should allow the upload of the most commonly used files format, <ref>BeckOK DatenschutzR / Eichler, 35th Ed. 1.2.2021, GDPR Art. 57 Rn. 41-43</ref> and avoid setting unreasonable restrictions on the amount of files that can be uploaded and their dimension.
  
===DPAs tasks shall be performed free of charge (for the data subject)===
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===DPAs tasks shall be performed free of charge===
The right to file a complaint is granted free of charge. This supports the idea that of data protection as a fundamental right that must be enforced without undue hindrance by both controllers and DPAs. On the other side, since controllers and processors are not mentioned, it seems reasonable to conclude that the DPA may charge them with some fees for the performance of their tasks. <ref>Ehmann / Selmayr, General Data Protection Regulation
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2nd edition 2018</ref>
 
 
===Exception: Manifestly unfounded or excessive requests===
 
===Exception: Manifestly unfounded or excessive requests===
Article 57(4) provides for an exception to the "free of charge" principle. In particular, if the requests are manifestly unfounded or excessive, in particular if they are repetitive, the authority may charge a reasonable fee or refuse to act on the request. This is to prevent the activity of a supervisory authority from being seriously impaired or even paralyzed by troublemakers who make nonsensical or repeated requests. However, since the task of the supervisory authorities is to protect fundamental rights, this exception rule may only be used in clearly defined situations. <ref>Ehmann / Selmayr / Selmayr, 2nd edition. 2018, GDPR Art. 57 nn. 22-24. Paal / Pauly / ''Körffer,'' DS-GVO / BDSG, Art. 57 DS-GVO Rn. 31 also advocates a cautious application of the exception to the principle of free of charge.</ref> The above exception may limit the protection of the data subject's right to file a complaint. For this reason, Article 57(4) provides that the data protection supervisory authority bears the burden of proof and must demonstrate that a request is manifestly unfounded or excessive.
 
  
 
==Decisions==
 
==Decisions==

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