Final
37th Plenary meeting
2 September 2020, Remote
1 Adoption of the minutes and of the agenda
1.1
Minutes of the 36th EDPB meeting – adoption
The Chair of the EDPB congratulated the new FI Commissioner, who will take office in November, the
new IT Commissioner and the new CZ Commissioner.
The minutes were adopted unanimously.
1.2 Draft agenda of the 37th EDPB meeting – adoption
The draft agenda was adopted with the inclusion of a new point under AOB.
1.3
Appointment of Mr. Pasquale Stanzione, the new president of the Italian DPA –
information
The Chair of the EDPB informed the members of the appointment of the new IT Commissioner. As the
new IT Commissioner was not present, this point wil be postponed to next plenary meeting. It wil be
also the occasion to welcome the new CZ Commissioner.
1.4
Exchange of views with the LIBE Committee on the recent CJEU Schrems II
judgment – information
The Chair of the EDPB explained that there wil be an exchange of views with the LIBE Committee,
together with EC Commissioner Reynders and Max Schrems (NOYB). Each of the participants will give
a 10 minutes speech, which wil be fol owed by questions. The Chair of the EDPB will talk about the
EDPB adopted documents.
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once the draft is public. Additional y, the members of the EDPB highlighted the importance of liaising
with the national authorities in this regard.
Taking this into account, the members of the EDPB gave a mandate to the TECH ESG to work on a
political statement before the Council adopts its position, fol owed by an in-depth assessment of the
final draft once it is published.
2.4 Update of the European Commission – information (Rapporteur: COM)
The European Commission provided an update on the work being done regarding transfers of data to
the US and on the new set of SCCs. Regarding the latter, the EU COM stressed the importance to work
in convergence with the EDPB. In this regard, the EU COM referred to the communication shared
during summer, and informed the members of the EDPB that the updated SCCs wil be sent to the
EDPB in the coming weeks.
The EU COM also provided an update with regard to ongoing negotiations on adequacy decisions.
The European Commission wil keep the EDPB informed of new developments regarding the matters
above.
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 lead rapporteur presented the different parts of the guidelines and the work carried out. A
stakeholder event took place last year (March 2019) in order to gather input from external
stakeholders. The new revised draft is divided into two main parts. The first part explains the concepts
as such, whereas the second part assessed the consequences of having each of the roles. An executive
summary and flowchart are also included.
The guidelines were adopted unanimously. They wil be submitted to public consultation for 6 weeks.
In the meantime, the KEYP ESG, in consultation with the COOP ESG wil assess the possible need to
update the LSA Guidelines.
3.2 Social Media ESG - Guidelines on the targeting of social media users – discussion
and adoption
The lead rapporteur presented the content of the guidelines and the practical approach taken. The
guidelines fol ow a clear pattern: 1) presentation of an example, 2) analysis of the roles and
responsibilities and 3) analysis on the potential applicable lawful basis and other considerations to
take into account. This approach aims at enabling stakeholders to quickly identify the scenario that is
closest to the targeting process that they intend to deploy.
Several discussion points were raised and some changes were made in the text.
The guidelines were adopted unanimously with the changes agreed during the meeting. They wil be
submitted to public consultation for 6 weeks.
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3.3 RoP Drafting Team: Internal guidance on the drafting of plenary minutes –
discussion and adoption (Rapporteur:
SA)
The EDPB members agreed with the content of the document. The discussion on the potential
publication of the document was postponed to the next Plenary.
Taking into account the possibility to publish the document, the members of the EDPB agreed that
some slight changes can be made in the text to adapt the language.
3.4 Strategic Advisory ESG: EDPB strategic plan: draft paper and possible seminar –
information and discussion (Rapporteur:
)
The lead rapporteur explained the content of the document and the proposed next steps. There wil
be an initial brainstorming session at the end of September, where the draft wil be further discussed.
Afterwards, another brainstorm session will take place, if possible in person. The focus of the second
session will be the practical implementation of the EDPB strategy as well as the definition of the EDPB
work programme. The intention is to finalise and publish both documents by the end of the year.
The members of the EDPB agreed on the way forward.
3.5 Secretariat
3.5.1
Art. 65 procedure regarding TIC – state of play
The Secretariat informed the triggering of the art. 65 procedure. Currently, the completeness of the
file is being assessed.
The broadcast of the file is expected to take place early next week. The next
steps would be to discuss the matter in the relevant ESG.
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4 AOB
4.1 NEW: Information point on ongoing enquiry regarding
The SA provided an update on an ongoing enquiry regarding
. Currently, the SA is in
the process of contacting them, due to the media attention raised in the country. The SA invited
the members of the EDPB to share information in case they have received similar complaints.
-.-.-.-.-.-.-.-
The next Plenary meeting will take place on 14 September 2020, at 12h. There wil be another Plenary
meeting on 8 October 2020, from 13h to 16h and on 20 October 2020.
The brainstorming session wil take place on 29 September 2020, at 12h.
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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