29 May 2024
Analysis of Data Protection Commission's 2023 Annual Report highlights problems in Big Tech enforcement up to end of 2023
ICCL Enforce has reviewed the Big Tech decisions cited in the DPC's annual report, and highlighted length of time per case and points of dispute between the DPC and other EU authorities.
Key insights
- In 2023, the DPC was overruled by its EU counterparts and ordered (by majority vote) to act more strongly against WhatsApp, Instagram, Facebook, and TikTok. This included an order to impose a €1.2 billion fine against Meta, which the DPC had resisted.[1]
- The DPC took years to issue decisions in Big Tech cases where the GDPR was found to have been infringed. More than half of these decisions took more than 4 years.
Observations
New Commissioners were appointed to lead the DPC in February 2024. The DPC's next annual report will reveal whether they have produced a rapid improvement in the pace of inquiries and robustness of decisions, and a reduction in conflict with EU counterparts.
Notes:
[1] EDPB Binding Decision 1/2023, paragraph 38 (URL: https://www.edpb.europa.eu/system/files/2023-05/edpb_bindingdecision_202301_ie_sa_facebooktransfers_en.pdf)