The European Data Protection Board (EDPB) published on 12 May 2022 the final version of the Guidelines 06/2022 on the practical implementation of amicable settlements. A first version (open to comment) was published in November 2021.
According to the EDPB, this new tool was necessary. Many national supervisory authorities apply the instrument of amicable settlement without a clear regulatory framework. The concept of “amicable settlement” is not defined in the GDPR. It is only mentioned in recital 131 in reference to the handling of local cases under article 56(2) (article on the competence of the lead supervisory authority).
The new guidelines provide further clarification of the concept of “amicable settlement” by proposing a definition (to be precise, the EDPB proposes a broad definition and a more specific definition in the context of the GDPR), making a legal analysis of article 56(2), listing the legal consequences of these amicable settlements and some recommendations. The Guidelines also contain an annex indicating the key steps in the implementation of amicable settlements.
This article was co-authored by Edouard Cruysmans in his capacity of Professional Support Lawyer at Stibbe.