iCompaas Support

Overview

This article ensures that data subjects can lodge complaints with a supervisory authority in the Member State of their residence, workplace, or where an alleged infringement occurred if they believe personal data processing violates GDPR. The supervisory authority must inform complainants of progress and outcomes, including available judicial remedies under Article 78.

Key Principles

• Data Subject Access: Individuals have the right to raise concerns regarding GDPR violations.

• Jurisdiction: Complaints can be filed in the Member State of residence, work, or where the infringement occurred.

• Transparency: Supervisory authorities must keep complainants informed of progress and outcomes.

• Judicial Remedies: Complainants are informed of legal remedies available under Article 78.

• Accountability: Authorities ensure timely and fair handling of complaints.
  
  

Organizational Applicability

This article applies to:

• Supervisory authorities handling complaints from data subjects.

• Controllers and processors subject to complaint investigations.

• Public and private sector entities ensuring compliance with GDPR.

• Teams managing customer support, compliance, and regulatory interactions.
  
  

Implementation Requirements

• Accept complaints from data subjects regarding GDPR violations.

• Determine the appropriate jurisdiction for each complaint.

• Provide updates to complainants on progress, findings, and outcomes.

• Inform complainants of judicial remedies under Article 78 if necessary.
  
  

Implementation Guidance

• Establish a complaint management system for tracking submissions and responses.

• Train staff to handle complaints, ensure compliance, and communicate effectively with complainants.

• Coordinate with other authorities when complaints involve cross-border processing.

• Periodically review complaint handling procedures for timeliness and effectiveness.
  
  

Periodic Review

• Frequency: Annually or when complaint handling processes or regulations change.

• Responsible Role: Supervisory authority leadership, Compliance Team, or Legal.

• Outcome: Ensure data subjects’ complaints are addressed promptly, fairly, and transparently.
  
  

Non-Compliance Risks

• Fines: Up to €20 million or 4% of global annual turnover for supervised entities violating GDPR.

• Legal Exposure: Failure to provide effective complaint mechanisms may lead to judicial or regulatory actions.

• Reputational Damage: Loss of trust due to inadequate complaint handling.

• Operational Risk: Poor complaint management may delay remediation and undermine GDPR enforcement.