Final
36th Plenary meeting
23 July 2020, Remote
1 Adoption of the minutes and of the agenda
1.1
Minutes of the 35th EDPB meeting – adoption
The minutes were adopted unanimously.
1.2 Draft agenda of the 36th EDPB meeting – adoption
The draft agenda was adopted unanimously without modifications.
2 Current Focus of the EDPB Members
2.1 FAQs regarding clarifications of the consequences on the Schrems II judgement –
discussion and adoption
Firstly, the discussion revolved about the format of the document and the level of detail provided. The
importance to provide clarity and useful guidance to the public was also underlined by several
members of the EDPB. In this regard, after some discussion regarding the possibility to reflect further
on the document, the members of the EDPB decided to aim at adopting the document on that day.
Afterwards, the discussions revolved around the content of the document. The members of the EDPB
decided to include an introductory paragraph to clarify that the document wil be further developed
and complemented and to include the hyperlinks to the relevant documents.
The EDPB members agreed that the document wil be finalised by the Secretariat in charge if making
the last language checks. The document was adopted unanimously with one abstention.
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2.3 Update on
investigation – information
The SA fol owed up on the presentations given during a previous EDPB Plenary meeting and
updated the information given to the EDPB members regarding the ongoing case. The EDPB members
took note of the information given.
3 FOR DISCUSSION AND/OR ADOPTION – Expert Subgroups and
Secretariat
3.1 Key Provisions ESG - Guidelines on the concept of controller and processor in the
GDPR – discussion and adoption
The matter was postponed to the next plenary meeting.
3.2 Social Media ESG - Guidelines on the targeting of social media users – discussion
and adoption
The matter was postponed to the next plenary meeting.
3.3 Secretariat
3.3.1 September plenary meeting – discussion (Rapporteur: SEC)
The EDPB members decided that the September Plenary meeting wil take place fully remotely, being
the date flexible.
With regard to the strategic training, the members of the EDPB decided to also have a remote event.
3.3.2 Legal studies:
On topic 7, the selection of countries to be included in the scope wil be discussed within
the BTLE ESG at a later stage.
3.4 RoP Drafting Team - Internal guidance on the drafting of plenary minutes –
discussion and adoption
The matter was postponed to the next plenary meeting.
3.5 Coordinators ESG - Focus of the ESG until spring 2021 – written state of play
The matter was not discussed, since it was a written state of play.
4 AOB
4.1 Updates on GPA COVID 19 Taskforce
The rapporteur presented the topic and is prepared to provide further details in writing. The EDPB
members took note of the information given.
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4.2 Confidentiality of documentation
The rapporteur recal ed the need to observe confidentiality of documentation exchanged in
connection with ongoing investigations, in the interest of continued cooperation.
4.3 Sector inquiry smart-TV – state of play
The rapporteur presented the topic and is prepared to provide further details in writing. The EDPB
members took note of the information given.
4.4 NEW - BCR opinions in light of the Schrems II judgement
The members decided to include a caveat in the BCR opinions, based on the text adopted regarding
the FAQ on the Schrems II judgement. Two options were presented and the members of the EDPB
agreed on adding the second option to the BCR opinions.
The two opinions wil be amended with the introduction of the paragraph and the written procedure
wil be launched on 24 July 2020.
Annex: Attendance List
SAs: AT SA, BE SA, BG SA, CY SA, CZ SA, DE SA, DK SA, EDPS, EE SA, EL SA, ES SA, FI SA, FR SA, HR SA,
HU SA, IE SA, IS SA, IT SA, LI SA, LT SA, LU SA, LV SA, MT SA, NL SA, NO SA, PL SA, PT SA, RO SA, SE SA,
SI SA, SK SA,
- European Commission
- EDPB Secretariat
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