- Adoption of the minutes and of the agenda, Information given by the Chair
- Minutes of the 41st EDPB meeting
- Draft agenda of the 42nd EDPB meeting
- Publication of minutes of 40th Plenary meeting
- Request to extend the deadline for public consultation re recommendation 01/2020 on sup. measures
- Current Focus of the EDPB Members
- Presentation by the European Commission of the new (updated) two sets of SCCs
- FOR DISCUSSION AND/OR ADOPTION – Expert Subgroups and Secretariat
- Technology ESG
- Statement on eprivacy regulation
- Letter to News Media Europe and others regarding cookie walls
- International Transfer ESG
- Template for BCR approval decision by a supervisory authority
- Technology ESG
- Any other business
41st EDPB Meeting
November 17th, 2020 | Posted by in Data Transfer | Europe | Privacy - (0 Comments) - Adoption of the minutes and of the agenda, Information given by the Chair
- Minutes of the 40th EDPB meeting
- Draft agenda of the 41st EDPB meeting
- Current Focus of the EDPB Members
- Art. 65 ongoing procedure
- Draft Art. 65 Decision
- FOR DISCUSSION AND/OR ADOPTION – Expert Subgroups and Secretariat
- Recommendation on measures that supplement transfer instruments to ensure compliance with the EU level of protection of personal data
- Update of the European Essential Guarantees recommendations
GDPR/Brexit – What Future For UK-EU Data Flows
October 29th, 2020 | Posted by in Data Transfer | Europe | Privacy - (0 Comments) With the Brexit transition period ending on 31 December 2020, and no deal in sight, the future of cross-border data transfers between the European Economic Area (the EEA) and the United Kingdom remains unclear. On 1 January 2021, the United Kingdom will be considered as a “third country” and, unless a Brexit deal is proposed dealing with data protection and how data transfers between the EEA and the United Kingdom are to be treated, it could be significantly more difficult for European Union (EU)-based entities to transfer personal data to the United Kingdom.
(more…)- Adoption of the minutes and of the agenda, Information given by the Chair
1.1. Minutes of the 39 th EDPB meeting
1.2. Draft agenda of the 40th EDPB meeting - Current Focus of the EDPB Members
2.1. Recommendation on measures that supplement transfer instruments to ensure compliance with the EU level of protection of personal data – state of play
2.2. Review of the Adequacy Decision of Japan - Consistency mechanism and Guidelines
3.1. Guidelines 04/2019 on Article 25 Data Protection by Design and by Default (after public consultation) - FOR DISCUSSION AND/OR ADOPTION – Expert Subgroups and Secretariat
4.1. Cooperation ESG Brexit-related matters
4.2. Enforcement ESG
Coordinated Enforcement Framework
4.3. Technology ESG
Response letter to Mr A. Dix on the copyright directive1
4.4. Financial Matters ESG
Statement and possible letter regarding data protection and current framework on anti-money laundering and countering terrorist financing – request for mandate
4.5. Secretariat
Implementation of SEC DPO rules
Consistency procedure for Art. 46.3(b) GDPR administrative arrangements - Any other business


Leaders League Ranking 2020 – Health, pharma & biotechnology – E-Health – France
October 2nd, 2020 | Posted by in eHealth | France | IT | Privacy | Rankings - (0 Comments) GDPR/ePrivacy – French Supervisory Authority Publishes Updated Guidance on Cookies and Other Tracing Technologies
October 1st, 2020 | Posted by in Privacy - (0 Comments) Following the French Administrative Supreme Court (Conseil d’État) dated 19 June 2020 (see our Alert here), the French Supervisory (CNIL) published on 01 October 2020 its updated guidelines (the Guidelines), replacing its former guidelines published on 04 July 2019 (July Guidelines), along with practical recommendations (the Recommendation) on cookies and other tracking technologies (together, Cookies).
(more…)GPDR – European Data Protection Board Publishes Guidelines on the Concepts of Controller and Processor, Brings New Light on the Notion of “Joint-Controllers”
September 29th, 2020 | Posted by in Europe | Privacy - (0 Comments) The European Data Protection Board (EDPB) published two sets of new guidelines on 2 September 2020, on the concepts of controller and processor (Guidelines 07/2020, the Guidelines) and on the targeting of social media users (Guidelines 08/2020 – see our Alert here). The earlier aims to replace the previous opinion by EDPB’s predecessor, the WP29, on these concepts by clarifying the main concepts of “controller”, “joint-controllers” and “processor” and by specifying the consequences attached to these notions.
(more…)Guidelines 07/2020 on the concepts of controller and processor in the GDPR v 1.0
September 10th, 2020 | Posted by in Europe | Guidelines | Privacy - (0 Comments) Version 1.0 dated 06 September 2020 adopted for public consultation. Go to the finalized version.
Go to official PDF version.
EXECUTIVE SUMMARY
The concepts of controller, joint controller and processor play a crucial role in the application of the General Data Protection Regulation 2016/679 (GDPR), since they determine who shall be responsible for compliance with different data protection rules, and how data subjects can exercise their rights in practice. The precise meaning of these concepts and the criteria for their correct interpretation must be sufficiently clear and consistent throughout the European Economic Area (EEA).
The concepts of controller, joint controller and processor are functional concepts in that they aim to allocate responsibilities according to the actual roles of the parties and autonomous concepts in the sense that they should be interpreted mainly according to EU data protection law.
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