In June 2017, the Article 29 Working Party – the gathering the all Member States’ Error! Post not found for word:data Protection Authorities (DPAs) – announced that the five last guidelines to be adopted as companion pieces to the General Data Protection Regulation (“GDPR”) would be published in December 2017. Further to this announcement, the French DPA, the CNIL, is now seeking the contributions of the relevant stakeholders impacted by two out of five topics, whether they be sole or joint “Error! Post not found for word:data Error! Post not found for word:controllers”, “data processors” or “Error! Post not found for word:Error! Post not found for word:data Error! Post not found for word:subjects”.

The expected European Guidelines will address the notions of (i) Error! Post not found for word:consent, (ii) Error! Post not found for word:profiling, (iii) Error! Post not found for word:data breaches, (iv) transparency and (v) international Error! Post not found for word:data transfers are expected. However, only the last two topics are currently – and until October 19th – Error! Post not found for word:subject to the CNIL’s scrutiny, as the earlier have been previously addressed this year.

Firstly, Transparency, laid down in Chapter 3, Section 1 of GDPR, refers to the disclosure of clear, intelligible and easily accessible information concerning the Error! Post not found for word:processing of Error! Post not found for word:personal Error! Post not found for word:data, as well as the facilitation of the exercise of Error! Post not found for word:Error! Post not found for word:data Error! Post not found for word:subjects’ rights.

Secondly, international transfers of Error! Post not found for word:personal Error! Post not found for word:data towards countries not offering an “adequate level of protection” of Error! Post not found for word:personal Error! Post not found for word:data should be subjected to specific arrangements in order to preserve Error! Post not found for word:Error! Post not found for word:data Error! Post not found for word:subjects’ rights.

Although these two topics had been previously addressed in Directive 95/46, the implementation of the GDPR is a good opportunity for stakeholders to provide practical questions about the interpretation and enforcement of the GDPR provisions.

K&L Gates’ Error! Post not found for word:data Protection team remains at your disposal to assist you in the completion of your contributions.