Data Protection Authority Defense is a critical legal service for companies undergoing state inspections, complaint reviews, or administrative proceedings. The Personal Data Protection Service of Georgia (PDPS) is an independent supervisory authority with broad powers: to enter any organization, request documentation, interview employees, and impose significant financial fines (up to 500,000 GEL under the new law). An inspection can be initiated either as planned or based on a citizen's complaint or media reports. Participating in this process without a qualified lawyer often leads to unfavorable outcomes and maximum sanctions for the company.
The inspection process requires specific knowledge and experience. It is important not only to know the law but also to consider the practice and procedural nuances of the supervisory authority. Legal.ge gives you access to lawyers who have years of experience dealing with the Personal Data Protection Service and can effectively defend your business interests.
What does the Defense Service cover?
The service ensures full legal support at all stages of administrative proceedings:
- Preparation for Inspection: Conducting a "quick audit" and organizing documentation immediately upon receiving a planned inspection notice, before inspectors arrive.
- Representation During Inspection: Lawyer's physical presence during the inspectors' visit, answering questions, and monitoring the legality of the process.
- Position Formulation: Preparing a legally substantiated written explanation regarding a complaint or violation protocol.
- Evidence Submission: Collecting and presenting evidence favorable to the company, proving that the company acted in good faith.
- Appealing Decisions: Appealing the fine decision made by the supervisory authority in court.
- Presenting Mitigating Circumstances: Negotiating to minimize the sanction or change it to a warning.
Common Real-World Scenarios
Legal assistance is essential in the following scenarios:
- Disgruntled Employee Complaint: A dismissed employee filed a complaint alleging that the company illegally spied on them or read their emails.
- Data Breach: Following a hacker attack, the company's database was exposed. The Service initiated an investigation into the adequacy of security measures.
- SMS Spam: A citizen complained about receiving unwanted promotional SMS. The company faces a fine for violating direct marketing rules.
- Video Surveillance: An inspection checks the placement of video cameras and requests justification for why a specific area is being recorded.
Legal Framework: Right to Defense
The Law of Georgia on Personal Data Protection and the General Administrative Code of Georgia grant an organization the right to use the services of a lawyer at any stage of administrative proceedings. You have the right to access case materials, file motions, and request the recusal of an inspector if there is a conflict of interest. Qualified defense is often decisive because the Service's decision is based not only on facts but on their legal interpretation.
Step-by-Step Service Process
- Case Study: Analyzing the content of the notification or complaint.
- Strategy Development: Choosing a defense tactic (admission and mitigation vs. denial of charges).
- Communication with the Authority: Conducting official correspondence and attending meetings.
- Outcome Management: Assessing the prospect of appeal in case of a fine and preparing a lawsuit.
Why choose a specialist on Legal.ge?
Facing a state inspection alone is a high risk. Legal.ge gives you access to specialists who understand the system from the inside and know how to defend a client effectively. Timely legal intervention often means saving thousands of GEL and salvaging the company's reputation. Find your defender on Legal.ge.
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