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The recent news on EU data protection
For more in-depth analysis go to lexxion.eu/dpi
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- EDPB Adopts Document -
Since the last issue of DPI, the EDPB has adopted a number of significant documents. These include:
- ‘EDPB Document on the procedure for the adoption of the EDPB opinions regarding national criteria for certification and European Data Protection Seals’;
- ‘Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR’ – following public consultation;
- ‘Guidelines 07/2022 on certification as a tool for transfers’ – following public consultation;
- ‘Guidelines on deceptive design patterns in social media platform interfaces’ – following public consultation:
- ‘EDPB Work Programme 2023/2024’
Each of the documents is available on the EDPB website.
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- Parliament to Debate Negative Resolution on US Adequacy -
On 1st March, MEPs debated ‘a draft motion for a resolution on the Commission’s draft adequacy finding covering the EU-US Data Privacy Framework, as well as the relevant opinion of the European Data Protection Board (EDPB)’ – see below on the EDPB Opinion. The draft motion was published on 14th February and raises a number of concerns related to protection available for EU citizens in the US – including, for example, that the Data Protection Review Court does not ‘meet the standards of independence and impartiality of Article 47 of the Charter’. Eventually, the motion concludes that ‘the EU-US Data Privacy Framework fails to create actual equivalence in the level of protection’, ‘calls on the Commission to continue negotiations with its US counterparts with the aim of creating a mechanism that would ensure…equivalence and which would provide the adequate level of protection required by Union data protection law and the Charter as interpreted by the CJEU’ and ‘urges the Commission not to adopt the adequacy finding’. At the time of writing, there is no information available on the outcome of the debate. This information, however, should be available at the time of publication. Whilst any outcomes from the debate will not be binding on the Commission, the fact that concerns about a prospective adequacy agreement are being again publicly raised is yet another sign the US-adequacy saga is still far from over.
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- EDPB Holds 76th Plenary-
On 28th February, the EDPB held its 76th Plenary Meeting. From the Agenda of the meeting, it seems the following significant points will have been discussed:
‘Opinion on the European Commission Draft Implementing Decision on the adequate level of protection of personal data under the EU-US Data Privacy Framework’
At the time of writing, only the Agenda of the meeting is available. We presume materials relating to the outcome of the meeting will become available in due course.
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Dara Hallinan, Editor: Legal academic working at FIZ Karlsruhe. His specific focus is on the interaction between law, new technologies – particularly ICT and biotech – and society. He studied law in the UK and Germany, completed a Master’s in Human Rights and Democracy in Italy and Estonia and wrote his PhD at the Vrije Universiteit Brussel on the better regulation of genetic privacy in biobanks and genomic research through data protection law. He is also programme director for the annual Computers, Privacy and Data Protection conference.
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Diana Dimitrova, Editor: Researcher at FIZ Karlsruhe. Focus on privacy and data protection, especially on rights of data subjects in the Area of Freedom, Security and Justice. Completed her PhD at the VUB on the topic of ‘Data Subject Rights: The rights of access and rectification in the AFSJ’. Previously, legal researcher at KU Leuven and trainee at EDPS. Holds LL.M. in European Law from Leiden University.
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