Digital Omnibus proposal· Recital 35a

Article 57 of Regulation (EU) 2016/679 provides rules for situations where requests from a data subject to the supervisory authority, including complaints under Article 77 of Regulation (EU) 2016/679, are manifestly unfounded or excessive, in particular because of their repetitive character. Repeated requests are not automatically excessive in nature but may indicate an abusive intent on the part of the data subject. Articles 12 and 57 of Regulation (EU) 2016/679 use the same wording and pursue the same objective, namely to provide for an exception to the free-of-charge principle applicable to the tasks carried out by the supervisory authorities and the exercise of rights of the data subject, respectively. In order to reduce the burden of controllers with regard to excessive requests, which may also occur in relation to requests, including complaints, to the supervisory authority concerning the controller, the notion of excessiveness in Article 57 of Regulation (EU) 2016/679 should be adapted likewise.