On February 20, 2023, the EDPB released the One-Stop-Shop case digest on right to object and right to erasure, by Professor Mantelero, i.e., a compendium of evidence from decisions taken under the One-Stop-Shop mechanism and published on the corresponding EDPB Registry. Consultation of the Registry took place during the period August 20 – November 13, 2022 and covered decisions concerning the right to erasure (or “right to be forgotten,” Art. 17, GDPR) and the right to object (Art. 21, GDPR).
Since the paper was commissioned to a third party other than the Committee, it does not bind the Committee; it serves an instructional purpose and does not set an interpretive precedent.
Scope of the analysis
The analysis is limited to decisions:
- adopted by the lead authority (“LSA”) in relation to cross-border processing which are subject to the one-stop-shop mechanism of Article 60
- referring to the right to erasure and the right to object.
Despite this limitation, the Digest has elements of great interest because:
- it is based on coordinated decisions among the supervisory authorities involved, so as to offer a shared interpretation of the authorities on these matters
- it contains conclusions that, although referring to the two rights mentioned, are for the most part of a general value that can be extended to any right among those provided for in Articles 15-22 of the GDPR.
The one-stop-shop, in fact, is based on a process of discussion between the lead authority and the other “involved authorities” that ends with a proposal for a shared decision or, in the absence of an agreement, with the intervention of the EDPB as the dispute resolution body, which issues a binding decision to be followed by the lead authority in making its final decision.
