German MEP Axel Voss and NOYB Honorary Chair Max Schrems have proposed a three-tiered revision to the EU General Data Protection Regulation (GDPR). One of the key features of the proposal would be to adjust the legal burden based on company size.
This would mean around 90% of businesses would covered by an entry-level GDPR layer with less documentation and simplified transparency requirements. A second GDPR layer would apply to companies processing sensitive data or operating at a larger scale. Lastly, a top-level GDPR plus layer would apply to Very Large Online Platforms (VLOPs) or data-centric companies and would include mandatory external audits.
This tiered approach would address the perceived inflexibility of the current "one-size-fits-all" GDPR, a point Schrems argued against in 2012/2013. However, while Schrems acknowledges the plan has merit, he and Voss disagree on several key points. Despite their disagreements, Voss believes that a consensus between himself and Schrems could lead to swift implementation of the revised GDPR, supported by a broad political majority.
The idea builds on an article Voss wrote for the Centre for European Policy Studies (CEPS) in February, addressing the urgent need for GDPR reform. In addition to the risk-based approach, differentiating obligations based on company size and the volume of data processed, Voss discusses how the GDPR should facilitate artificial intelligence (AI) development rather than hinder it. In addition, Voss also asks whether the GDPR's rigid structure is still fit for purpose, clarifying that data protection should aim to safeguard individuals' privacy, not create "insurmountable barriers" that stifle innovation.
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