On 18 November 2021, the European Data Protection Board (EDPB) published its long-awaited 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. The public consultation on the Guidelines will run from 19 November 2021 until 31 January 2022.
The Guidelines shed light on two key issues that still remained unanswered after the adoption of the predecessor Guidelines on territorial scope of the GDPR: the definition of the notion of “international data transfer” and whether the obligations in relation to international data transfers apply to data importers already subject to the GDPR.
The key points made in the Guidelines are as follows:
In conclusion, the overall verdict on the guidelines is that whilst it is a clear and helpful document, there are some questions that remain to be addressed and others which would benefit from some refinement. At this stage, it is positioned as a draft open for consultation until 31 January 2022.
Authored by Nicola Fulford and Paula Garcia.
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