Enforcement of the supervisor
Has a supervisory authority suddenly shown up at your door? Has the supervisor informed you that it intends to impose an administrative fine or asked you to respond to a complaint? In these situations, always be assisted by a lawyer.
First Lawyers has over 25 years of experience in the application of privacy legislation and is familiar with recent changes since the introduction of the General Protection Regulation. Therefore, First Lawyers is the pre-eminent law firm for supervisory visits, if your company is under threat of a fine, or if complaints have been filed against your company.
Visit of the supervisor
The supervisory authority has far-reaching power to conduct investigations. For example, the supervisory authority has access to files, information systems and can open physical files; and a lawyer can invoke the right of nondisclosure. Therefore, it is sensible to let your lawyer liaise with the supervisor and direct the supervisory visit to your company.
The supervisor threatens to impose a fine
Usually, the supervisory authority will allow a response to an intended fine. However, it is advisable to engage with a lawyer before that time, instead of waiting until the fine has been imposed and the opportunity to object arises.
Together with you, First Lawyers will work on a defense, examine the available evidence, and discuss the best strategy to move forward. First Lawyers has vast knowledge of the interpretation and application of the European General Data Protection Regulation (GDPR). It is precisely known:
- Which arguments can be used to defend against the intended fine;
- Which documents must be submitted;
- Which measures must be taken; and
- How to best present the defense.
Subsequently, a defense is formulated and submitted on your behalf. First Lawyers also represents your company in contact with the supervisory authority and keeps track of legal terms.
The supervisor imposes a fine
In the unlikely event that the supervisory authority nevertheless imposes a fine, there is the option of objecting. Objections are handled by an objection advisory committee. Such a committee verifies whether the general principles of good administration have been observed when deciding to impose a fine, whether the decision has sufficient legal basis and advises whether the decision can be maintained.
First Lawyers can write an appeal and file it on your behalf. The supervisory authority is not tied by the recommendation from the objection advisory committee. It is possible that the supervisory authority still enforces the fine, even though the outcome of the committee was negative. In that case, an appeal can be filed at the administrative court. First Lawyers can support you in filing the appeal and representing you.