Supplement transfer tools: EDPB's Recommendations 01/2020
The European Data Protection Board (EDPB) adopted on 10th November 2020 important recommendations regarding measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data.
Prior to the final version, the Board organises public consultations to gather the views and concerns of all interested stakeholders and citizens.
Since these topics might directly affect you, the IDPC encourages all concerned parties to contribute and participate in this public consultation, Comments should be sent by 30th November 2020 at the latest (https://edpb.europa.eu/our-work-tools/documents/public-consultations/2020/recommendations-012020-measures-supplement_en)
Assisting International Transfers of Personal Data
According to the Board, these recommendations have been adopted to help data exporters, either controller or processor within the European Economic Area (EEA) who transfers personal data to a controller or processor in any country that is not a Member State of the EEA.
There is a complex mission of assessing third countries' adequacy level and identifying appropriate supplementary measures where needed. Thus, EDPB wanted to provide exporters with a series of steps to follow, potential sources of information, and some examples of supplementary measures that must be in place prior to any international transfer of personal data.
With regards to such steps, the data exporter has been advised:
- to map all transfers,
- to verify the transfer tool each transfer relies on,
- to assess if there is anything in the law or practice of the third country that may impinge on the effectiveness of the appropriate safeguards,
- to identify and adopt supplementary measures,
- to take formal procedural steps the adoption of your supplementary measure may require, and finally,
- to keep continuously re-evaluating the developments of the transfers.
Besides detailed compliance steps, stakeholders may find in this document a non-exhaustive list of supplementary measures that should be implemented in order to effectively guarantee an adequate level of protection for international transfers.
Kindly find here the Recommendations 01/2020 on measures that supplement transfer tools, adopted on 10th November 2020.
Article by Lucas Cortizo, 11th November 2020