EDPB News

EDPB meets with adequate countries

EDPB — Tue, 15 Oct 2024 14:00:00 +0200

On 8 October 2024, the European Data Protection Board met with Commissioners and representatives of Data Protection Authorities (DPAs) from the fifteen countries having been subject to an EU adequacy decision. The meeting took place in the margins of the EDPB October’s plenary and reflects the EDPB’s commitment to international engagement.

The European Commission has so far recognised the following adequate countries: Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, United Kingdom, Uruguay and United States.

Adequacy decisions are the result of a high degree of convergence of data protection laws and enable safer data flows.

During the meeting, the EDPB and the DPAs from the adequate countries discussed multilateral engagement on advisory work and guidelines, and on enforcement cooperation.

Note to editors
Adequacy decisions are the result of a key mechanism in the EU's data protection framework that allows the free-based flow of personal data from the EU to adequate countries, provided that the European Commission has decided that these countries ensure an adequate level of data protection. In this case, the transfer does not require any specific authorisation. Adequacy decisions promote international data transfers by not requiring companies in these countries to have Standard Contractual Clauses or Binding Corporate Rules.

Stakeholder event on ‘AI models’: express your interest to participate

EDPB — Tue, 15 Oct 2024 14:00:00 +0200

Update on 15/10/24: The call is now closed.
Thank you to all those who expressed an interest in taking part in the EDPB stakeholder event on ‘AI models’. We will carefully review all applications and communicate the results of the process to those who applied in the coming weeks.

Brussels, 15 October - The European Data Protection Board (EDPB) organises a remote stakeholder event, taking place on 5 November 2024 (time to be confirmed), aimed at collecting input from stakeholders in the context of a request for an Art. 64(2) GDPR opinion relating to artificial intelligence models (‘AI models’) submitted to the EDPB by the Irish Data Protection Authority (DPA).

How to take part?

The EDPB launches a call for expression of interest in order to select participants for the EDPB’s stakeholder event on AI models. You can find further information on this event and instructions on how to register here. If you have technical problems submitting the application, we invite you to refresh the page or open the form in a different browser.

The call will be closed as soon as a sufficiently high number of applicants is reached with a view to ensuring the participation of a maximum number of stakeholders.

Join the stakeholder event on EDPB opinion on ‘AI models’

EDPB — Fri, 11 Oct 2024 14:00:00 +0200

Brussels, 11 October -The EDPB will organise a stakeholder event on ‘AI models’ on 5 November 2024 (exact time to be confirmed).

During its latest plenary, the European Data Protection Board (EDPB) exceptionally agreed to organise a remote public event aimed at collecting input from stakeholders on issues relating to the request for an Art. 64(2) GDPR opinion on artificial intelligence ("AI") submitted to the EDPB by the Irish Data Protection Authority (DPA).

Individuals representing European sector associations, organisations or NGOs and individual companies, law firms or academics are invited to take part in this event (one participant per organisation). The EDPB encourages all organisations interested in this matter to delegate a representative with technical knowledge of this topic.

As a general rule, participants will be registered on a first-come first-serve basis. Nonetheless, the EDPB reserves the right to give precedence to specific stakeholders among those who expressed their interest, in light of their relevance for the subject matter of this event with the aim to ensure relevant expertise among participants, as well as the diversity of the views expressed at the event.

Do you wish to participate?

The EDPB will launch a call for expression of interest to participate in the EDPB’s stakeholder event on ‘AI models’ on 15 October at 10.00 am (Brussels time).

The call will be closed as soon as a sufficiently high number of applicants is reached with a view to ensuring the participation of a maximum number of stakeholders.

The call will be launched on the EDPB website. More details will follow on the day of the launch of the call.

CEF 2025: EDPB selects topic for next year’s Coordinated Action

EDPB — Thu, 10 Oct 2024 14:00:00 +0200

Brussels, 10 October - During its October 2024 plenary, the European Data Protection Board (EDPB) selected the topic for its fourth Coordinated Enforcement Action (CEF), which will concern the implementation of the right to erasure (‘right to be forgotten’) by controllers. Data Protection Authorities (DPAs) will join this action on a voluntary basis in the coming weeks and the action itself will be launched during the first semester of 2025.

The right to erasure (Art.17 GDPR) is one of the most frequently exercised data protection rights and one about which DPAs frequently receive complaints. The aim of this coordinated action will be, among other objectives, to evaluate the implementation of this right in practice. For example, this will be done by analysing and comparing the processes put in place by different controllers to identify the most important issues in complying with this right, but also to get an overview of best practices.

In a coordinated enforcement action, the EDPB prioritises a specific topic for DPAs to work on at national level. In the past three years, DPAs have already coordinated their national actions on different topics, namely: the use of cloud in the public sector, the designation and position of Data Protection Officers and the implementation of the right of access by data controllers.

The results of these national actions are then aggregated and analysed together to generate deeper insight into the topic and allowing for targeted follow-up on both national and EU level.

In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector.
Earlier this year, the EDPB also published the report on the outcome of the second coordinated action on the designation and position of Data Protection Officers.

The report on the outcome of the 2024 coordinated action on the right of access will be adopted at the beginning of 2025.
Coordinated actions follow the EDPB’s decision to set up a Coordinated Enforcement Framework (CEF) in October 2020. The CEF is a key action of the EDPB under its 2024-2027 Strategy, together with the Support Pool of Experts (SPE). The two initiatives aim to streamline enforcement and cooperation among DPAs.

EDPB adopts Opinion on processors, Guidelines on legitimate interest, Statement on draft regulation for GDPR enforcement, and work programme 2024-2025

EDPB — Wed, 09 Oct 2024 14:00:00 +0200

Brussels, 09 October - During its latest plenary, the European Data Protection Board (EDPB) adopted an Opinion on certain obligations following from the reliance on processor(s) and sub-processor(s), Guidelines on legitimate interest, a Statement on laying down additional procedural rules for GDPR enforcement and the EDPB work programme 2024-2025.

First, the EDPB adopted an Opinion on certain obligations following from the reliance on processor(s) and sub-processor(s) following an Art. 64(2) GDPR request to the Board by the Danish Data Protection Authority (DPA). Art. 64(2) GDPR provides that any DPA can ask the Board to issue an opinion on matters of general application or producing effects in more than one Member State.

The Opinion is about situations where controllers rely on one or more processors and sub-processors. In particular, it addresses eight questions on the interpretation of certain duties of controllers relying on processors and sub-processors, as well as the wording of controller-processor contracts, arising in particular from Art. 28 GDPR.

The Opinion explains that controllers should have the information on the identity (i.e. name, address, contact person) of all processors, sub-processors etc. readily available at all times so that they can best fulfil their obligations under Art. 28 GDPR. Besides, the controller’s obligation to verify whether the (sub-)processors present ‘sufficient guarantees’ should apply regardless of the risk to the rights and freedoms of data subjects, although the extent of such verification may vary, notably on the basis of the risks associated with the processing.

The Opinion also states that while the initial processor should ensure that it proposes sub-processors with sufficient guarantees, the ultimate decision and responsibility on engaging a specific sub-processor remains with the controller.
The EDPB considers that under the GDPR the controller does not have a duty to systematically ask for the sub-processing contracts to check if data protection obligations have been passed down the processing chain. The controller should assess whether requesting a copy of such contracts or reviewing them is necessary for it to be able to demonstrate compliance with the GDPR.

In addition, where transfers of personal data outside of the European Economic Area take place between two (sub-)processors, the processor as data exporter should prepare the relevant documentation, such as relating to the ground of transfer used, the transfer impact assessment and the possible supplementary measures. However, as the controller is still subject to the duties stemming from Art. 28(1) GDPR on ‘sufficient guarantees’, besides the ones under Art. 44 to ensure that the level of protection is not undermined by transfers of personal data, it should assess this documentation and be able to show it to the competent Data Protection Authority.

Next, the Board adopted Guidelines on the processing of personal data based on legitimate interest.

Data controllers need a legal basis to process personal data lawfully. Legitimate interest is one of the six possible legal bases.

These Guidelines analyse the criteria set down in Art. 6(1) (f) GDPR that controllers must meet to lawfully process personal data on the basis of legitimate interest. It also takes into consideration the recent ECJ ruling on this matter (C-621/22, 4 October 2024).

In order to rely on legitimate interest, the controller needs to fulfil three cumulative conditions:

The pursuit of a legitimate interest by the controller or by a third party;
The necessity to process personal data for the purposes of pursuing the legitimate interest;
The interests or fundamental freedoms and rights of individuals do not take precedence over the legitimate interest(s) of the controller or of a third party (balancing exercise).

First of all, only the interests that are lawful, clearly and precisely articulated, real and present may be considered legitimate. For example, such legitimate interests could exist in a situation where the individual is a client or in the service of the controller.

Second, if there are reasonable, just as effective, but less intrusive alternatives for achieving the interests pursued, the processing may not be considered to be necessary. The necessity of a processing should also be examined with the principle of data minimisation.

Third, the controller must ensure that its legitimate interest is not overridden by the individual's interests, fundamental rights or freedoms. In this balancing exercise, the controller needs to take into account the interests of the individuals, the impact of the processing and their reasonable expectations, as well as the existence of additional safeguards which could limit the impact on the individual.

In addition, these Guidelines explain how this assessment should be carried out in practice, including in a number of specific contexts such as fraud prevention, direct marketing and information security. The document also explains the relationship between this legal basis and a number of data subject rights under the GDPR.

The Guidelines will be subject to public consultation until 20 November 2024.

Next, the Board adopted a Statement following the amendments made by the European Parliament and the Council to the European Commission’s proposal for a Regulation laying down additional procedural rules relating to the enforcement of the GDPR.

The Statement generally welcomes the modifications introduced by the European Parliament and the Council, and recommends further addressing specific elements in order for the new regulation to achieve the objectives of streamlining cooperation between authorities and improving the enforcement of the GDPR.

The Statement makes practical recommendations that may be used in the context of the upcoming trilogues. In particular, the EDPB reiterates the need for a legal basis and harmonised procedure for amicable settlements and it makes recommendations in view of ensuring that consensus on the summary of key issues is reached in the most efficient manner. The Board also welcomes the inclusion of additional deadlines while recalling that they need to be realistic and urges the co-legislators to remove the provisions related to the relevant and reasoned objections and the ‘statement of reasons’ in the dispute resolution procedure.

While the Statement welcomes the objective of achieving increased transparency, the introduction of a joint case file, as proposed by the European Parliament, would require complex changes to the document management and communication systems used at European and national levels. The technical solutions for its implementation should be carefully assessed, and the modalities for granting access to it should be further clarified.

The EDPB welcomes the Council’s amendment allowing the lead DPA to opt-out from the so-called enhanced cooperation in simple and straightforward cases, but it highlights the need to clarify further the scope of this opt-out.

EDPB Chair Anu Talus said: “The draft regulation has the potential to greatly streamline GDPR enforcement by increasing the efficiency of case handling. More harmonisation is needed at EU level, in order to maximise the full effectiveness of the GDPR’s cooperation and consistency mechanisms.”

During its latest plenary, the Board adopted its work programme for 2024-2025. This is the first one of two work programmes which will implement the EDPB strategy for 2024-2027 adopted in April 2024. It is based on the priorities set in the EDPB strategy and it also takes into account the needs identified as most important for stakeholders.

Finally, the EDPB members agreed to grant the status of observer to the EDPB’s activities to the Kosovan Information and Privacy Agency (Kosovan DPA), in line with Art. 8 EDPB Rules of Procedure.

Express your interest to take part in the EDPB stakeholder event on upcoming guidelines on ‘Consent or Pay’

EDPB — Thu, 12 Sep 2024 14:00:00 +0200

Update on 17/09/24: The call is now closed.
Thank you to all those who expressed an interest in taking part in the EDPB stakeholder event on upcoming guidelines on ‘Consent or Pay’. We will carefully review all applications and communicate the results of the process to those who applied in the coming weeks.

The European Data Protection Board (EDPB) organises a remote stakeholder event, taking place on 18 November 2024 from 10.00 to 16.00 CET (exact time to be confirmed), in order to collect stakeholders’ input in the context of upcoming guidelines on the application of data protection legislation in the context of ‘Consent or Pay’ models.

The aim of the event is to gather relevant insights from organisations that have expertise in ‘Consent or Pay’ models, which require data subjects to choose between consenting to processing of personal data for a specified purpose or paying a fee . This event will contribute to the EDPB’s ongoing work on guidelines on ‘Consent or Pay’ models. These guidelines are a continuation of the EDPB Opinion 08/2024, which addressed the ‘Consent or Pay’ model in the context of large online platforms. The guidelines will have a broader scope of application.

How to take part?

The EDPB launches a call for expression of interest in order to select participants for the EDPB’s stakeholder event on ‘Consent or Pay’. You can find further information on this event and instructions to register here. If you have technical problems submitting the application, we invite you to refresh the page or open the form in a different browser.

The call will be closed as soon as a sufficiently high number of applicants is reached with a view to ensuring the participation of a maximum number of stakeholders.

EDPB to work together with European Commission to develop guidance on interplay GDPR and DMA

EDPB — Tue, 10 Sep 2024 14:00:00 +0200

The Commission services in charge of the enforcement of the Digital Markets Act (DMA) and the European Data Protection Board (EDPB) have agreed to work together to clarify and give guidance on the interplay between DMA and GDPR.

This enhanced dialogue between Commission’s services and the EDPB will focus on the applicable obligations to digital gatekeepers under the DMA which present a strong interplay with the GDPR, as there is a need to ensure the coherent application to digital gatekeepers of the applicable regulatory frameworks.

Developing a coherent interpretation of the DMA and GDPR while respecting each regulators’ competences in areas where the GDPR applies and is referenced in the DMA is crucial to effectively implement the two regulatory frameworks and achieve their respective and complementary objectives.

The DMA established a High Level Group to provide the Commission with advice and expertise to ensure that the DMA and other sectoral regulations applicable to gatekeepers are implemented in a coherent and complementary manner. The Commission and representatives from the EDPB and EDPS already engaged on data-related and interoperability obligations in the High Level Group. This project builds on this engagement and deepens the cooperation in relation to the two specific regulatory frameworks.

Read more information about:

Take part in the EDPB stakeholder event on upcoming guidelines on ‘Consent or Pay’

EDPB — Thu, 05 Sep 2024 14:00:00 +0200

The European Data Protection Board (EDPB) is organising a remote stakeholder event aimed at collecting stakeholders’ input in the context of upcoming guidelines on the application of data protection legislation in the context of ‘Consent or Pay’ models. The event will take place on 18 November 2024 from 10.00 to 16.00 CET (exact time to be confirmed).

The aim of the event is to collect relevant insights from organisations that have expertise in ‘Consent or Pay’ models, which require data subjects to choose between consenting to processing of personal data for a specified purpose or paying a fee. This event will contribute to the EDPB’s ongoing work on guidelines on ‘Consent or Pay’ models. These guidelines are a continuation of the EDPB Opinion 08/2024, which addressed the ‘Consent or Pay’ model in the context of large online platforms. The guidelines will have a broader scope of application.

Individuals representing European sector associations, organisations or NGOs and individual companies, law firms or academics are invited to take part in this event (one participant per organisation). A limited number of participants will be allowed to take part, to permit a meaningful discussion in a remote setting. The EDPB encourages all organisations interested in this matter to delegate a representative with technical knowledge of this topic.

Do you wish to participate to make your voice heard? Stay tuned:

The EDPB will launch a call for expression of interest to participate in the EDPB’s stakeholder event on ‘Consent or Pay’ on 12 September at 10.00 (Brussels time).

The call will be closed as soon as a sufficiently high number of applicants is reached with a view to ensuring the participation of a maximum number of stakeholders.

The call will be launched on the EDPB website.

EDPB adopts statement on DPAs role in AI Act framework, EU-U.S. Data Privacy Framework FAQ and new European Data Protection Seal

EDPB — Wed, 17 Jul 2024 14:00:00 +0200

Brussels, 17 July - During its latest plenary, the European Data Protection Board (EDPB) adopted a statement on the Data Protection Authorities’ (DPAs) role in the Artificial Intelligence Act (AI Act) framework.

According to the EDPB, DPAs already have experience and expertise when dealing with the impact of AI on fundamental rights, in particular the right to protection of personal data, and should therefore be designated as Market Surveillance Authorities (MSAs) in a number of cases. This would ensure better coordination among different regulatory authorities, enhance legal certainty for all stakeholders and strengthen the supervision and enforcement of both the AI Act and EU data protection law.

According to the AI Act, Members States shall appoint MSAs at national level before 2 August 2025, for the purpose of supervising the application and implementation of the AI Act.

In its statement, the EDPB recommends that:

As already indicated in the AI Act, DPAs should be designated as MSAs for high-risk AI systems used for law enforcement, border management, administration of justice and democratic processes;
Member States should consider appointing DPAs as MSAs also for other high-risk AI systems, taking account of the views of the national DPA, particularly where those high-risk AI systems are in sectors likely to impact natural persons rights and freedoms with regard to the processing of personal data;
DPAs, where appointed as MSAs, should be designated as the single points of contact for the public and counterparts at Member State and EU levels;
Clear procedures should be established for cooperation between MSAs and the other regulatory authorities which are tasked with the supervision of AI systems, including DPAs. In addition, appropriate cooperation should be established between the EU AI Office and the DPAs/EDPB.

EDPB Deputy Chair Irene Loizidou Nicolaidou said: “DPAs should play a prominent role in enforcing the AI Act as most AI systems involve processing of personal data. I strongly believe that DPAs are suitable for this role because of their full independence and deep understanding of the risks of AI for fundamental rights, based on their existing experience.”

Next, the Board adopted two Frequently Asked Questions (FAQ) documents concerning the EU-U.S. Data Privacy Framework (DPF), aimed at providing more clarification on the functioning of the DPF.

The FAQ for individuals provides information on the functioning of the DPF: how to benefit from it, how to lodge a complaint and how this complaint will be handled.

Likewise, the FAQ for businesses explains which U.S. companies are eligible to join the DPF: what to do before transferring personal data to a company in the U.S. which is DPF-certified, and where to find further guidance.

Finally, the EDPB adopted an opinion approving the EuroPriSe Criteria Catalogue for the certification of processing activities by processors, resulting in a European Data Protection Seal.* European Data Protection Seals serve as important tools contributing to GDPR compliance.

In September 2022, the EDPB had adopted an opinion on the EuroPriSe certification criteria, enabling their recognition in Germany as certification criteria for processing operations by processors. Following an update of the scheme, this new opinion approves the criteria as being applicable in the whole EU/EEA, and as a European Data Protection Seal.

GDPR certification contributes to the demonstration of compliance efforts and to increased transparency and trust. It allows for better assessment of the degree of protection offered by products, services, processes or systems used by organisations that process personal data.

Note to editors:

*The EuroPrise European Data Protection Seal will be added to the register of certification mechanisms and data protection seals in accordance with Article 42(8) GDPR.

The opinion on the approval of the EuroPriSe certification scheme as European Data Protection Seal, adopted during the EDPB Plenary, is subject to the necessary legal, linguistic and formatting checks and will be made available on the EDPB website once it has been completed.

Coordinated Supervision Committee appoints new coordinator

EDPB — Tue, 02 Jul 2024 14:00:00 +0200

The Coordinated Supervision Committee (CSC) elected Fanny Coudert from the European Data Protection Supervisor (EDPS) as its new coordinator for a term of two years. Ms. Coudert succeeds former coordinator Clara Guerra from the Portuguese Data Protection Authority (DPA).

Fanny Coudert will lead the work of the Committee with the support of Deputy Coordinators Sebastian Hümmeler from the Federal German DPA and Matej Sironic from the Slovenian DPA.

EDPB Chair Anu Talus said: “I would like to thank outgoing CSC coordinator Clara Guerra for her valuable work in the past years, which helped the CSC grow and expand. Today, the CSC ensures that the supervision of 5 bodies, agencies and systems is seamlessly coordinated by its members. This work is crucial for an EU without internal borders.”
I would also like to welcome Fanny Coudert and I look forward to working with her. I am confident that her expertise can contribute positively and significantly to the expanding workload of the CSC.”

Editor's note:

The Coordinated Supervision Committee ensures the coordinated supervision of the large EU Information Systems and of EU bodies, offices and agencies in accordance with Article 62 of Regulation 2018/1725 or with the EU legal act establishing the large scale IT system or EU body, office or agency. The Committee was created within the framework of the European Data Protection Board (EDPB) and brings together the EU supervisory authorities (SAs) and the European Data Protection Supervisor (EDPS), as well as the supervisory authorities of the Non-EU Schengen Member States, when foreseen under EU law.

The CSC currently covers the Internal Market Information system (IMI), Eurojust, the European Public Prosecutor’s Office (EPPO), Europol and the Schengen Information System (SIS). Gradually, the Committee will also cover other IT systems, bodies, offices and agencies in the fields of Border, Asylum and Migration (EES, Eurodac, ETIAS, VIS, and their interoperability), Police and Justice Cooperation (ECRIS-TCN) and the next generation Prüm.
You can find more information on the Committee here.

About the CSC Coordinator and Deputy Coordinators mandates:

The Coordinator and the Deputy Coordinators are designated for a term of two years starting from the date of their respective elections and they may be re-elected once for a further two years.
Deputy Coordinator Sebastian Hümmeler was re-elected for the second time on 29 November 2023 and Deputy Coordinator Matej Sironic was elected on 10 April 2024.