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Step-by-Step EDPS Complaint Process

Filing an EDPS complaint involves a structured procedure. Our lawyers guide you through each stage to maximise the chances of a successful outcome:

Stage 1 — Pre-complaint assessment: We review the grounds for your complaint, including Europol’s response to any prior access or deletion request, and assess the strength of your data protection claim.
Stage 2 — Drafting the complaint: We prepare a detailed legal complaint identifying the specific Articles of the Europol Regulation that have been violated, supported by documentary evidence.
Stage 3 — Submission to EDPS: The complaint is submitted directly to the European Data Protection Supervisor with all supporting materials. The EDPS has 12 months to investigate.
Stage 4 — EDPS investigation: The EDPS contacts Europol and requests a formal response. We submit observations and additional evidence to strengthen your position during the investigation phase.
Stage 5 — EDPS decision: If the EDPS upholds the complaint, it may order Europol to delete data, issue a reprimand, or impose corrective measures. Non-compliance can be escalated to the CJEU.
Stage 6 — CJEU litigation (if necessary): Where the EDPS decision is insufficient or Europol fails to comply, our lawyers initiate proceedings before the Court of Justice of the European Union.

What Outcomes Can an EDPS Complaint Achieve?

A successful EDPS complaint can result in several concrete remedies. These include mandatory deletion of unlawful personal data held by Europol, correction of inaccurate records, prohibition on further data processing or third-country transfers, and formal reprimands against Europol for systemic violations. In the most significant cases, EDPS outcomes have influenced Europol’s data retention policies across entire categories of individuals.

For clients who are also subject to Interpol notices, a successful Europol data deletion can significantly weaken the evidential basis of a parallel Red Notice — as the two systems frequently share underlying intelligence. Our lawyers coordinate Europol EDPS complaints with CCF applications to maximise the impact of both proceedings.

Frequently Asked Questions

Is there a deadline for filing an EDPS complaint?: There is no statutory limitation period for EDPS complaints, but acting promptly after receiving a negative response from Europol is strongly advised. Delays can complicate evidence gathering and the EDPS’s ability to enforce remedies.
Can I file an EDPS complaint without first making an access request?: Yes. While an access request is the usual preliminary step, you may file an EDPS complaint directly if Europol has failed to respond within the statutory 3-month timeframe, or if you have independent evidence of unlawful processing.
What happens if the EDPS sides with Europol?: If the EDPS closes the complaint without ordering remedies, the decision may be challenged before the CJEU under Article 263 TFEU. Our lawyers assess the viability of judicial review on a case-by-case basis.
Can an EDPS outcome affect an Interpol Red Notice?: Indirectly, yes. Where Europol data forms part of the intelligence base for an Interpol notice, a deletion order from the EDPS can be submitted as evidence in CCF proceedings, substantially strengthening a deletion request.

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