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Austrian Data Protection Authority Criticized by CJEU for Complaint Limits and Inactivity

The Austrian Data Protection Authority (DSB) has been criticized by the Court of Justice of the European Union (CJEU) for its arbitrary limit on complaints, allowing only two complaints per month from data subjects, even when GDPR violations occur frequently. The CJEU emphasized that users have the right to pursue any GDPR violations, provided their complaints are not abusive. The DSB's methods to reduce complaints have led to minimal fines, with only 1.36% of proceedings resulting in penalties. This problem extends beyond Austria, affecting data protection authorities across Europe, who are struggling to enforce GDPR compliance effectively.

 

 


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