European Data Protection Board

EDPB News

2019

10 April 2019

Brussels, 10 April - On April 9th and 10th, the EEA Data Protection Authorities and the European Data Protection Supervisor, assembled in the European Data Protection Board, met for their ninth plenary session.

During the plenary, the EDPB adopted guidelines on the scope and application of Article 6(1)(b)* GDPR in the context of information society services. In its guidelines, the Board makes general observations regarding data protection principles and the interaction of Article 6(1)(b) with other lawful bases. In addition, the guidelines contain guidance on the applicability of Article 6(1)(b) in case of bundling of separate services and termination of contract.

Note to editors:

Please note that all documents adopted during the EDPB Plenary are subject to the necessary legal, linguistic and formatting checks and will be made available on the EDPB website once these have been completed.


* Article 6 (1) (B)

“1. Processing shall be lawful only if and to the extent that at least one of the following applies:

...

(b) processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract; ”

09 April 2019

On April 9 & 10, the European Data Protection Board's ninth plenary takes place in Brussels. For further information, please consult the agenda.

Agenda of ninth plenary

09 April 2019

Your personal information is collected, shared, used and stored by individuals, organisations and public authorities every day. Recruitment activities, video surveillance and health data collection are just a few examples of this. The European Data Protection Board (EDPB) ensures the consistent application of the GDPR throughout the European Economic Area (EEA), and promotes cooperation between the EEA data protection authorities. The European Data Protection Supervisor (EDPS) monitors and ensures the protection of personal data and privacy when EU institutions and bodies process personal data.

The EDPB and EDPS stand will be at the European Commission as part of the EU institutions' Europe Day celebrations.

Located on the ground floor of the Berlaymont building, EDPB and EDPS staff will be on hand to answer questions about your privacy rights and how to protect your personal information. Free goodies and information will be on offer, as well as fun and interactive activities for both children and adults to enjoy. You will also have a chance to win one of 20 USB sticks, simply by taking part in our fun, simple quiz!

Whether shopping online, using a smartphone or applying for jobs, data protection affects us all, so be sure to visit our stand to find out more!

For more information visit http://europeday.europa.eu and http://ec.europa.eu/belgium/events/europe-day_en

For more information on the EDPS visit: https://edps.europa.eu/data-protection/our-work/publications/events/eu-open-day-2019-brussels_en 

15 March 2019

On February 26, the EDPB Chair and Vice-Chair addressed the European Parliament's Civil Liberties, Justice and Home Affairs Committee (LIBE) on GDPR implementation. You can read the full report here:  EDPB LIBE Report

14 March 2019

European Data Protection Board - Eighth Plenary session: Interplay ePrivacy Directive and GDPR, statement on ePrivacy Regulation, DPIA Lists ES & IS, Statement on Elections

Brussels, 13 March - On March 12th and 13th, the EEA Data Protection Authorities and the European Data Protection Supervisor, assembled in the European Data Protection Board, met for their eighth plenary session. During the plenary a wide range of topics were discussed. 
 
Interplay ePrivacy Directive and GDPR

The EDPB adopted its opinion on the interplay between the ePrivacy Directive and the General Data Protection Regulation. The opinion seeks to provide an answer to the question whether the fact that the processing of personal data triggers the material scope of both the GDPR and the ePrivacy Directive, limits the competences, tasks and powers of data protection authorities under the GDPR. The EDPB opines that data protection authorities are competent to enforce the GDPR. The mere fact that a subset of the processing falls within the scope of the ePrivacy directive, does not limit the competence of data protection authorities under the GDPR.

An infringement of the GDPR may at the same time constitute an infringement of national ePrivacy rules. SAs may take this into consideration when applying the GDPR (e.g. when assessing compliance with the lawfulness or fairness principles).  

Statement on the future ePrivacy Regulation
The EDPB adopted a statement calling upon EU legislators to intensify efforts towards the adoption of the ePrivacy Regulation, which is essential to complete the EU's framework for data protection and the confidentiality of electronic communications.

The future ePrivacy Regulation should under no circumstance lower the level of protection offered by the current ePrivacy Directive and should complement the GDPR by providing additional strong guarantees for all types of electronic communications.

DPIA Lists 

The EDPB adopted two opinions on the Data Protection Impact Assessment (DPIA) lists submitted to the Board by Spain and Iceland. These lists form an important tool for the consistent application of the GDPR across the EEA. DPIA is a process to help identify and mitigate data protection risks that could affect the rights and freedoms of individuals. While in general the data controller needs to assess if a DPIA is required before engaging in the processing activity, national supervisory authorities shall establish and make a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. These two opinions follow the 28 opinions adopted during previous plenary meetings, and will further contribute to establishing common criteria for DPIA lists across the EEA.

Statement on the use of personal data in the course of political campaigns

In light of the upcoming European elections and other elections taking place across the EU and beyond in 2019, the EDPB has adopted a statement on the use of personal data during election campaigns. Data processing techniques for political purposes can pose serious risks, not just with regard to the rights to privacy and data protection, but also to the integrity of the democratic process. In its statement, the EDPB highlights a number of key points which need to be taken into consideration when political parties process personal data in the course of electoral activities.

Note to editors:

Please note that all documents adopted during the EDPB Plenary are subject to the necessary legal, linguistic and formatting checks and will be made available on the EDPB website once these have been completed.

12 March 2019

On March 12 & 13, the European Data Protection Board's eighth plenary takes place in Brussels. For further information, please consult the agenda.

Agenda of Eighth Plenary

13 February 2019

Brussels, 13 February - On February 12th, the EEA Data Protection Authorities and the European Data Protection Supervisor, assembled in the European Data Protection Board, met for their seventh plenary session. During the plenary a wide range of topics were discussed.
 
EDPB 2019/2020 Work program
The Board adopted its two-year work program for 2019-2020, according to Article 29 of the EDPB Rules of Procedure. The EDPB work program is based on the needs identified by the members as priority for individuals, stakeholders, as well as the EU legislator- planned activities.

Draft administrative arrangement in the field of financial markets supervision

The EDPB adopted its first opinion on an administrative arrangement (AA), based on article 46.3.b of the GDPR, for transfers of personal data between EEA financial supervisory authorities, including the European Securities and Markets Authority (ESMA) and their non-EU counterparts. This arrangement will be submitted to the competent supervisory authorities (SAs) for authorisation at national level. The competent supervisory authorities will monitor the AA and its practical application to ensure that there are in practice effective and enforceable data subject rights and appropriate means of redress and supervision.

Brexit

The EDPB adopted an information note addressed to commercial entities and public authorities on data transfers under the GDPR in the event of a no-deal Brexit.

Data flows from the EEA to UK

In the absence of an agreement between the EU and the UK (no-deal Brexit), the UK will become a third country from 00.00 am CET on 30 March 2019. As a consequence, the transfer of personal data from the EEA to the UK will have to be based on one of the following instruments: Standard or ad hoc Data Protection Clauses, Binding Corporate Rules, Codes of Conduct and Certification Mechanisms and the specific transfer instruments available to public authorities. In the absence of Standard Data Protection Clauses or other alternative appropriate safeguards, derogations can be used under certain conditions.

Data flows from UK to the EEA

As regards data transfers from the UK to the EEA, according to the UK Government, the current practice, which permits personal data to flow freely from the UK to the EEA, will continue in the event of a no-deal Brexit.

                                                               

Guidelines on codes of conduct
The EDPB adopted guidelines on codes of conduct. The aim of these guidelines is to provide practical guidance and interpretative assistance in relation to the application of Articles 40 and 41 GDPR. The guidelines intend to help clarify the procedures and the rules involved in the submission, approval and publication of codes of conduct at both the national and the European level. These guidelines should further act as a clear framework for all competent supervisory authorities, the Board and the Commission to evaluate codes of conduct in a consistent manner and to streamline the procedures involved in the assessment process. The guidelines will be subject to public consultation.

Note to editors:

Please note that all documents adopted during the EDPB Plenary are subject to the necessary legal, linguistic and formatting checks and will be made available on the EDPB website once these have been completed.

12 February 2019

On February 12, the European Data Protection Board's seventh plenary takes place in Brussels. For further information, please consult the agenda.

Agenda of Seventh Plenary

 

24 January 2019

Brussels, 24 January - On January 22nd and 23rd, the European Data Protection Authorities, assembled in the European Data Protection Board, met for their sixth plenary session. During the plenary a wide range of topics were discussed.
 
Privacy Shield
The Board Members adopted the EDPB’s report on the Second Annual Review of the EU-US Privacy Shield. The EDPB welcomes the efforts made by the U.S. authorities and the Commission to implement the Privacy Shield, especially actions undertaken to adapt the initial certification process, start ex officio oversight and enforcement actions, as well as the efforts  to publish a number of important documents, in part by declassification (such as decisions by the FISA Court), the appointment of a new Chair as well as of three new members of the Privacy and Civil Liberties Oversight Board (PCLOB) and the recently announced appointment of a permanent Ombudsperson.

In view of the findings of the second joint review, the following concerns about the implementation of the Privacy Shield still remain. This includes concerns already expressed by the EDPB’s predecessor WP29 on the lack of concrete assurances that indiscriminate collection and access of personal data for national security purposes are excluded. Also, based on the information provided so far, the EDPB cannot currently consider that the Ombudsperson is vested with sufficient powers to remedy non-compliance. In addition, the Board points out that checks regarding compliance with the substance of the Privacy Shield’s principles are not sufficiently strong.

Moreover, the EDPB has some additional concerns with regard to the necessary checks to comply with the onward transfer requirements, the scope of meaning of HR Data and the recertification process, as well as to a list of remaining issues raised after the first joint review which are still pending.

Brexit

The EDPB discussed possible consequences of Brexit in the area of data protection. Members agreed to cooperate and exchange information regarding their preparations and the tools available to transfer data to the UK, once the UK will no longer be part of the EU.

Clinical trials Q&A

Following a request from the European Commission (DG SANTE), the EDPB adopted its opinion on the clinical trials Q&A. The opinion addresses in particular the aspects related to the adequate legal bases in the context of clinical trials, and the secondary uses of clinical trial data for scientific purposes. The opinion will now be transmitted to the European Commission.

DPIA lists
The EDPB adopted opinions on the Data Protection Impact Assessment (DPIA) lists, submitted to the Board by Liechtenstein and Norway. These lists form an important tool for the consistent application of the GDPR across the EEA. DPIA is a process to help identify and mitigate data protection risks that could affect the rights and freedoms of individuals. While in general the data controller needs to assess if a DPIA is required before engaging in the processing activity, national supervisory authorities shall establish and make a list of the kind of processing operations which are subject to the requirement for a data protection impact assessment. These two opinions follow the 22 opinions adopted during the September plenary, and the four opinions adopted during the December plenary, and will further contribute to establishing common criteria for DPIA lists across the EEA.

Guidelines on certification
The EDPB adopted the final version of the guidelines on certification following public consultation. Additionally, the Board also adopted a new annex. A draft version of the guidelines had been adopted during the EDPB’s first plenary in May. The primary aim of these guidelines is to identify overarching criteria which may be relevant to all types of certification mechanisms issued in accordance with art. 42 and art. 43 GDPR. As such, the guidelines explore the rationale for certification as an accountability tool, provide explanations for the key concepts of the certification provisions in art. 42 and art. 43, explain the scope of what can be certified and outline the purpose of certification. The guidelines will help Member States, supervisory authorities and national accreditation bodies (NAB) when reviewing and approving certification criteria in accordance with art. 42 and art. 43 GDPR. The annex will be subject to public consultation.

Response to Australian Supervisory Authority on data breach notification

In October 2018, the EDPB Chair received a written request from the Office of the Australian Information Commissioner regarding the publication of the data breach notifications by supervisory authorities. The EDPB welcomes the Australian Commissioner’s interest in cooperating with the European Data Protection Board on this issue and stresses the importance of international collaboration. In its response, the EDPB provides further information on whether and how supervisory authorities handle the publication of information regarding data breach notifications.

22 January 2019

On January 22 and 23, the European Data Protection Board's sixth plenary is taking place in Brussels. For further information, please consult the agenda.

Agenda of Sixth Plenary