Complaint study - Final version before design - June 15
10 July 2022
If the final outcome of this procedure is a rejection or the dismissal of the complaint, it must be the DPA originally chosen by the data subject to lodge the complaint which has to adopt the final decision (Article 60(8) of the GDPR). [...] 17 complaint through the intervention of the [DPA] have settled the case amicably or, that the SA has sent a letter to the controller reminding it of its duties .̓98 The obligation imposed on DPAs to inform data subjects about the outcome of a complaint is also indirectly enshrined in Article 78(2) of the GDPR, which gives data subjects the right to take the DPA to court if it fails to inform them. [...] These national procedures are directly relevant because, as noted by the EDPB, the decision at the end of the one-stop-shop procedure might be either ʻthe implementation by way of a national decision of the consensus reached under Article 60(6)ʼ of the GDPR, and/or ʻthe implementation by way of a national decision on the basis of the binding decision of the EDPB adopted under Article 65,129 follow. [...] 23 The EDPB Guidelines 02/2022 on the application of Article 60 GDPR offer a noteworthy interpretation of Article 60(8) of the GDPR, and of the obligation it imposes on the DPA which received the complaint to ʻadopt the decision and notify it to the complainantʼ ʻwhere a complaint is dismissed or rejected .̓ According to the EDPB, this provision is not applicable ʻin particular, with the amicable. [...] 163 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Fr.