Denmark is leading a final push to break the deadlock over the appointment of the European Data Protection Supervisor (EDPS) before its rotating EU presidency ends in December. The position, critical for overseeing data privacy across EU institutions, has been vacant since Wojciech Wiewiórowski’s mandate expired on December 5, 2024, with no clear successor in sight.
The Impasse Explained
The dispute centers on whether to reappoint Wiewiórowski, the current EDPS since 2019, or to appoint Bruno Gencarelli, a long-time Commission official favored by the European Parliament. The European Commission shortlisted four candidates earlier this year, with Gencarelli winning the Parliament’s LIBE committee vote. However, member states are pushing for Wiewiórowski to remain in office.
This standoff isn’t merely procedural; the EDPS plays a vital role in shaping EU digital legislation. The Supervisor issues opinions on new laws, ensuring they align with data protection principles. With the Commission now focused on streamlining tech regulations – including revisions to the AI Act – a strong, independent EDPS voice is more crucial than ever.
Why This Matters: Tech Regulation at a Crossroads
The delay in appointing a permanent EDPS coincides with a period of intense legislative activity. The Commission’s “digital simplification agenda,” as described by Isabelle Roccia, Managing Director Europe at the IAPP, aims to accelerate tech innovation while upholding European data values. The EDPS is intended to provide that balancing voice.
“Whoever gets the job will find himself in a key advising position as the Commission kick-starts its digital simplification agenda… That voice of reason will matter to ensure a nuanced debate to reconcile competitiveness objectives with the European value-based acquis in the data protection space.”
—Isabelle Roccia, IAPP
Without a fully appointed EDPS, the risk of overlooking privacy concerns in these fast-moving reforms increases. The lack of clarity also leaves EU institutions operating with a caretaker supervisor, potentially undermining public trust in their data handling practices.
Obstacles Remain
Despite Denmark’s efforts, no meeting between EU lawmakers and national governments has been scheduled. The last attempt to resolve the stalemate occurred over the summer, and key figures – including Javier Zarzalejos, chair of the Parliament’s LIBE committee – have not responded to requests for comment. The Commission maintains that there is no strict legal deadline for the selection process, but the urgency of the situation suggests a resolution is needed before year-end.
The EU’s failure to agree on a successor underscores broader challenges in coordinating digital policy across its member states. The EDPS appointment is a test case for whether the EU can effectively balance innovation with fundamental rights in the digital age.
The outcome of this dispute will set a precedent for future appointments and signal how seriously the EU takes its own data protection standards.
