Guidelines 06/2022 on the practical implementation of amicable settlements

What it covers

These guidelines set out best practices for the practical implementation of amicable settlements by supervisory authorities handling complaints, including in the one-stop-shop context and for local cases under Article 56(2). They address the definition of amicable settlement, the stages at which it may occur, and the legal consequences following a settlement.

Why it matters

It clarifies how a diverse and largely nationally-governed practice of amicable settlement should be applied consistently within the cooperation procedure, which affects how complaints are ultimately closed.

Refer to it when

• researching how a supervisory authority may close a complaint via settlement
• understanding cooperation obligations following an amicable settlement by the lead authority
• assessing treatment of local cases under Article 56(2)

Questions this document addresses

• What is meant by an amicable settlement under the GDPR?
• At what stages of a complaint can an amicable settlement be attempted?
• What cooperation duties follow an amicable settlement reached by the lead supervisory authority?
• How are amicable settlements handled in Article 56(2) local cases?

Topics

• Supervisory authorities
• Enforcement
• Data subject rights