Competenţa de soluţionare a plângerilor în procedurile reglementate de Regulamentul General privind Protecţia Datelor – studiu de caz
The jurisdiction to resolve complaints in the procedures regulated by General Data Protection Regulation – Case Study

Summary/Abstract: A year and a half out from the implementation of the European Union’s General Data Protection Regulation, this paper analyzes procedural aspects of this still young normative act with regards to the competence of the supervisory authority to handle complaints regarding cross border processing of data in borderline cases where no main establishment can be identified, as well as the applicability of the one stop shop, cooperation and consistency mechanisms to such situations.The study pursues these goals by means of a case study concerning the handling by France’s Commission Nationale de l’Informatique et des Libertés of the two collective complaints filed by None Of Your Business and La Quadrature Du Net against Google LLC in may of 2018 which ultimately resulted in the pronouncement of one of the largest fines yet levied against a controller under the stipulations of the GDPR, totaling €50,000,000.Through this analysis, a practical solution to a problem posed by a borderline case not expressly regulated by the provisions of the GDPR can be ascertained, highlighting the positive role of case law and the opinions of advisory bodies in the incipient stages of Europe’s newest data protection regulation.

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