Adequacy Decisions Review: Observations from the EDPB

In January 2024, the European Commission completed a review of eleven adequacy decisions made under Directive 95/46/EC, assessing the personal data protection measures in countries like Andorra, Argentina, Canada, and others. This process ensured that data transfers from the EU to these countries can continue without additional requirements, owing to adequate safeguards.

The European Data Protection Board (EDPB) acknowledges the thorough analysis conducted by the Commission, appreciating the transparency in assessing data protection levels. However, the EDPB notes opportunities for improvement in understanding the adequacy assessment methodology more comprehensively.

Key Observations and Recommendations:

– Robust Legal Definitions: The EDPB urges a clearer depiction of legal terms like “controller,” “processor,” and “recipient,” which might not directly align with GDPR but should reflect consistency with European data protection principles.

– Expanded Grounds for Data Processing: While consent as a legal basis is well articulated, the EDPB suggests future reports detail other lawful, fair, and legitimate processing bases recognized by the EU framework, such as performance of a contract and legitimate interest.

– Transparency in Data Subject Rights: The EDPB stresses the importance of ensuring EU citizens can exercise their data protection rights in these third countries. More detailed safeguards related to automated decisions would enhance clarity, especially with the rise of AI technologies.

– International Commitments and Onward Transfers: Observing international obligations and how onward data transfers are managed is vital. While some countries have improved their frameworks, it’s crucial that protections mirroring EU standards are maintained throughout the data lifecycle.

Government Access and Public Authorities

The EDPB emphasizes government access to public authorities for enforcement and national security should be transparent, both for legality and necessity. Despite some progress, the existing reports are less detailed than new draft decisions, warranting closer scrutiny of frameworks for accessing EU-transferred personal data. The involvement of multiple oversight bodies requires careful monitoring to prevent responsibility gaps and ensure enforcement powers uphold data protection laws.

As such, the EDPB invites the European Commission to enhance their evaluations to ensure ongoing oversight and improvement in third-country practices. By doing so, it aims to assure EU citizens’ data remains protected, wherever it is transferred.

Original source link: [EDPB Letter 20241205 European Commission Review](https://www.edpb.europa.eu/system/files/2024-12/edpb_letter_20241205_european-commission-review-of-11-existing-adequacy-decisions_en.pdf)