EDPS Opinion on the proposal for a Council Regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis
Transfers of data
The transfer of personal data outside of the EU is only allowed under certain conditions as set out in Directive 95/46/EC and also in the General Data Protection Regulation which will be fully applicable as of May 2018. If a country is deemed by the European Commission to offer an adequate level of protection, it will be subject to the same rules as an EU Member State, which means that the recipient of the data in that state will not be obliged to take specific measures to allow for the transfer. Transferring data to a country without an adequacy decision requires appropriate safeguards, such as standard contractual clauses or binding corporate rules. Derogations to this rule can be obtained in very specific cases. The European Data Protection Board, of which the EDPS is a member, will provide the Commission with Opinions on this subject.
This EDPS Opinion relates to the possible use of a derogation under Article 50 of Regulation (EU) 2018/1725 by the European Union Agency for Cybersecurity (ENISA) for transfers to a third country resulting from the use of a newsletter service to which interested parties can subscribe on ENISA's website
In newsletter #87, catch up on the latest EDPB - EDPS Joint Opinion on Artificial Intelligence; find out how you can learn more about data protection with the EDPS' new online training programme; read the EDPS' curated Case Law Digest on international transfers of personal data; and much more!
EDPS Decision authorising, subject to conditions, the use of the administrative arrangement between the European Commission and the Turkish Medicines and Medical Devices Agency in the context of the Turkish participation in the EU regulatory system for medical devices Eudamed (Case 2021-0347)