Report on the first review of the functioning of the adequacy decisions adopted pursuant to Article 25(6) of Directive 95/46/EC

Summary:

Report published by the European Commission on 15 January 2024, setting out the findings on the first review of the adequacy decisions that were adopted on the basis of Article 25(6) of Directive 95/46/EC.

Further information:

Directive 95/46/EC set up a regulatory framework seeking to strike a balance between a high level of protection for the privacy of individuals and the free movement of personal data within the European Union (EU). It set strict limits on the collection and use of personal data and demanded that each Member State set up an independent national body responsible for the supervision of any activity linked to the processing of personal data.

With the entry into application of the General Data Protection Regulation (GDPR), a number of adequacy decisions adopted under the previous framework remained in force. The GDPR clarifies that adequacy decision are "living instruments" and requires the European Commission to periodically review these decisions.

This report presents the findings of the first review of the existing adequacy decisions. It was found that personal data transferred from the EU to Andorra, Argentina, Canada, Faroe Islands, Guernsey, the Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay, continues to benefit from adequate data protection safeguards.

Official

EUR-LEX: SWD(2024)3: Staff Working Document accompanying the Report - Country reports on the functioning of the adequacy decisions adopted under Directive 95/46/EC https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2024:3:FIN

European Commission: DG Communication: International Dimension of Data Protection: Adequacy decisions https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en

European Commission: Press Release, 15/01/2024: Commission finds that EU personal data flows can continue with 11 third countries and territories https://ec.europa.eu/commission/presscorner/detail/en/ip_24_161

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