Content Assessment: Third Country Transfers? EDPB Adopts Recommendations on Supplemental Measures for Data Transfers
Information - 90%
Insight - 90%
Relevance - 90%
Objectivity - 95%
Authority - 100%
A short percentage-based assessment of the qualitative benefit of the recent post highlighting the EDPB adoption of a final version of the recommendations on measures that supplement transfer tools.
Editor’s Note: The European Data Protection Board (EDPB) is an independent European body, established by the General Data Protection Regulation (GDPR), which aims to ensure the consistent application of data protection rules across the European Economic Area (EEA). It achieves this aim by promoting cooperation between national Supervisory Authorities (SAs) and issuing general, EEA-wide guidance regarding the interpretation and application of data protection rules.
The EDPB comprises the Heads of the EU SAs and the European Data Protection Supervisor (EDPS). The European Commission has the right to participate in the activities and meetings of the EDPB without voting rights. The SAs of the EEA countries (Iceland, Liechtenstein and Norway) are also members of the EDPB, although they do not hold the right to vote.
Press Announcement Extract
EDPB Adopts Final Version of Recommendations on Supplementary Measures
During its plenary session, the EDPB adopted a final version of the Recommendations on supplementary measures following public consultation. The Recommendations were first adopted in November 2020 following the CJEU Schrems II ruling. They aim to assist controllers and processors acting as data exporters with their duty to identify and implement appropriate supplementary measures where they are needed to ensure an essentially equivalent level of protection to the data they transfer to third countries.
The final version of the Recommendations includes several changes to address comments and feedback received during the public consultation and places a special focus on the practices of a third country’s public authorities.
Among the main modifications are: the emphasis on the importance of examining the practices of third country public authorities in the exporters’ legal assessment to determine whether the legislation and/or practices of the third country impinge – in practice – on the effectiveness of the Art. 46 GDPR transfer tool; the possibility that the exporter considers in its assessment the practical experience of the importer, among other elements and with certain caveats; and the clarification that the legislation of the third country of destination allowing its authorities to access the data transferred, even without the importer’s intervention, may also impinge on the effectiveness of the transfer tool.
Regarding the recently published new standard contractual clauses for international transfers by the European Commission, the Recommendations are helpful to check “Local laws and practices affecting compliance with the Clauses” (Clause 14 of the new SCCs) and the possible need to implement supplementary measures.
EDPB Chair Andrea Jelinek said: “The impact of Schrems II cannot be underestimated: already international data flows are subject to much closer scrutiny from the supervisory authorities who are conducting investigations at their respective levels. The goal of the EDPB Recommendations is to guide exporters in lawfully transferring personal data to third countries while guaranteeing that the data transferred is afforded a level of protection essentially equivalent to that guaranteed within the European Economic Area. By clarifying some doubts expressed by stakeholders, and in particular the importance of examining the practices of public authorities in third countries, we want to make it easier for data exporters to know how to assess their transfers to third countries and to identify and implement effective supplementary measures where they are needed. The EDPB will continue considering the effects of the Schrems II ruling and the comments received from stakeholders in its future guidance.”
EDPB Recommendations – Measures That Supplement Transfer Tools – 18 June 2021
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