Applications to the Data Protection Authority

Individuals have the right to file a complaint with the relevant Data Protection Authority (DPA) if they believe their data protection rights have been violated under the General Data Protection Regulation (GDPR).

Within the European Union, the protection of personal data is a fundamental priority for ensuring individuals’ privacy and digital rights. This protection is provided under the General Data Protection Regulation, and the authority to oversee compliance is granted to independent Data Protection Authorities operating in each member state.

These authorities serve as official regulatory bodies that individuals can turn to when they believe their personal data has been processed unlawfully. The European Data Protection Board coordinates among all data protection authorities across Europe, particularly managing joint decision-making processes in cross-border cases.

Who Can Apply to Data Protection Authorities?

The General Data Protection Regulation (GDPR) grants the right to file a complaint regarding the protection of personal data solely to individuals. In this context, any individual whose personal data has been violated can file a complaint with the Data Protection Authority (DPA) in the country of residence or the country where the data processing activity takes place. This right is not limited to citizens; everyone within the European Economic Area (EEA) has rights under the GDPR. Companies or legal entities cannot directly file complaints on their own behalf; however, as data controllers, they are obligated to respond to complaints made regarding their own data processing activities.

The right to complain is particularly relevant when the data subject has previously approached the relevant organization for a solution but has not received a satisfactory response. Therefore, complaints made to the data protection authority typically follow situations where the data controller has been passive or provided unlawful responses.

How is the Application Process Handled?

Applications to the Data Protection Authority (DPA) must be carefully prepared in terms of technical, legal, and content aspects. Firstly, the chronology of events to be included in the application should be presented clearly, concisely, and consistently. The type of violation — such as the unlawful processing of data, failure to comply with a deletion request, violation of transparency obligations, or failure to ensure the security of personal data — must be supported by concrete information. Documents such as correspondence, requests, unanswered applications, company policies, and terms of service enhance the seriousness of the complaint.

Upon receiving the application, the competent authority conducts an initial review. If deemed necessary, an investigation process is initiated, and the data controller is asked for an official defense. Additional information and documents may also be requested from the complainant. During the investigation process, the organization’s compliance with the GDPR is thoroughly assessed. This stage involves a technical evaluation to determine whether fundamental principles, such as transparency, response times, explicit consent, and data minimization, have been properly applied.

Powers of Data Protection Authorities and Possible Outcomes

DPAs not only conduct audits but also have extensive intervention powers under the GDPR. When a violation is detected, they can issue orders such as warnings, reprimands, suspension of specific activities, data deletion, and the implementation of certain technical measures. In cases of more serious violations, administrative fines of up to 4% of the annual turnover may be imposed. Additionally, the DPA’s decision makes it mandatory to fulfill the data subject’s request.

This process is a critical stage both for protecting the complainant’s rights and ensuring the relevant company’s compliance with the GDPR. Therefore, the application process serves not only as a means of seeking justice but also as a tool for re-establishing the power balance in the digital realm in favor of individuals.

Why Should You Choose Us?

Follow-up

We manage the entire GDPR application process effectively, ensuring that you do not suffer any loss of rights, and handle it in the most advantageous way on your behalf.

Attention and Care

For each application, we develop a tailored strategy and carefully prepare the documents and legal grounds.

Effective Communication

Throughout the process, we maintain regular communication with our clients and respond to requests from data protection authorities in a timely and effective manner.

Contact Us

If you believe your personal data rights have been violated and want to effectively defend your rights, our expert team is ready to support you. Contact us to safely prepare your GDPR application and professionally manage the process.

You can file a complaint with the Data Protection Authority (DPA) if you believe your personal data has been processed in violation of the GDPR and have not received a satisfactory response after directly approaching the relevant organization.

In the application, supporting evidence such as documents explaining the violation, correspondence, unanswered requests, and company policies (if applicable) should be provided. The application must include clear, concise, and concrete information.

The DPA, upon reviewing the complaint, can issue warnings, reprimands, orders for data deletion, or suspension of processing to the data controller. In cases of severe violations, it can impose significant administrative fines.

We Are With You Every Step of the Way

Frequently AskedQuestions

For more information on these and similar topics, feel free to contact us. We would be happy to assist you.