Final
International Transfers Subgroup Meeting
12 June 2018, EDPB premises, Brussels
Introduction & organisation of work
Welcome and Introduction
The subgroup exchanged views on the future of its mandate in view of the coordinators’ meeting
scheduled for June 15th. It decided that the subgroup should not be separated into 2 sub-subgroups,
i.e. one for general matters and one for approval of BCRs.
Approval of agenda
The draft agenda was approved.
Next meeting
10 July 2018
Information from the Secretariat
The Secretariat informed the participants that
and
are together in charge of this subgroup.
Regarding the communication between the EDPB Secretariat and the participants, the secretariat
explicitly asked to mention the name of the subgroup in the title of each e-mail.
In line with the GDPR, the EDPB Secretariat is responsible for and available to:
- cooperate with the coordinators of the International transfers subgroup and to assist them
to find an appropriate
date of meeting;
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- Liaise with the coordinators for the preparation of the
agenda of meetings and to
communicate it to the subgroup members by email at least 10 days ahead of the meeting (in
line with the current draft EDPB Rules of Procedure art 26.2),
- Communicate any relevant
documents to the subgroup members;
- Attend the meetings and draft the
minutes.
- Other actions might be provided by the EDPB secretariat (e.g. acting as rapporteur, providing
translations, or hiring external experts).
- Any invitation of experts, guests, or external parties has to be done by the coordinator via the
EDPB secretariat (current RoP, Art. 9.2).
Preparation of meeting with ESMA and review of draft Administrative Arrangement
The subgroup considered that the draft needs to be improved. Fol owing points of the draft AA have
been discussed ahead of the meeting with ESMA and IOSCO representatives.
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Next steps: The drafting team wil inform the members about the outcome of the meeting on 13 June.
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Q7: Members are invited to send written comments on the examples
Next steps: Rapporteur wil send a revised version for comments on 25 June. Members are invited to
submit comments in 1 week, i.e. until 2 July.
Privacy Shield
Update from the European Commission on Japan adequacy
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Guidelines on certification and codes of conduct as a tool for transfers
FR DPA gave a presentation on BCR/CBPR - the state of play and next steps. It also recalled that in
January 2018 APEC sent a letter to WP29 expressing its strong wil ingness to cooperate with the WP29
on the issue of certification towards the development of comparable criteria / common referential.
The subgroup decided that first wil delve into the development of EDPB guidelines and framework
and then the dialogue with third countries may begin. Third countries may participate through the
public consultation to which the guidelines wil be subject to. For the time being there wil be no
update of the BCR/CBPR referential.
Guidelines on Article 48 – cal for rapporteurs
The Coordinator asked delegations to volunteer as rapporteurs for the guidelines on Article 48 to be
prepared by the BTLE as lead. The ITS wil participate in the drafting for non-law enforcement aspects.
Delegations wil confirm at the next ITS meeting their interest in becoming rapporteurs.
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Points that delegations wish to raise
The subgroup discussed how to treat BCR applications submitted under the Directive 95/46.
With regards to BCRs applications the subgroup deemed appropriate that the BCRs, for which the
competent SAs may have diverging opinion, to be first examined at subgroup level before the
procedure of Article 64.1(f) GDPR is invoked. Subgroup discussed of the possibility to elaborate a
template form for the draft decision to be presented by the competent supervisory authority (BCR
lead) under Article 64.1 and the Article 64 opinions on BCRs.
Annex: List of Attendance
Members
AT, BE, BG, CZ, DE Federal, DE Hessen, DK, EDPS, EL, ES, FR, IE, IT, LU, NL, PT, RO, SI, UK,
COM
Observers
NO
Secretariat
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