Council of the European Union
General Secretariat
Directorate-General Communication and Information - COMM
Directorate Information and Outreach
Information Services Unit / Transparency
Head of Unit
Brussels, 15 March 2022
Mr Heiko Roth
Email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx
Ref. 22/0273-mj-lk/vk
Request made on: 20.01.2022
Deadline extension: 10.02.2022
Dear Mr Roth,
Thank you for your request for access to “
documents which contain the following information:
1) Indication of whether, which and for what purpose personal data processing services / software of
organizations (e.g., as processor / data importer) located outside the EU/EEA are used acutally by the
European Council.
2) Indication of whether, which and for what purpose such personal data processing services of
organizations located within the EU/EEA, but with subcontractors outside the EU/EEA, are actually used by
the European Council.
3) Per individual of these services with the aforementioned third country references:
a) I request an indication as to whether and which transfers pursuant to Art. 44 et seq. GDPR are triggered
by the use of these services.
b) I ask for al contracts concluded with the providers of these services in this respect, which are necessary
under data protection law, or for a missing indication if there are no such contracts. In particular, namely:
contract for commissioned processing according to Art. 28 DSGVO as wel as standard data protection
clauses according to Art. 46 GDPR.
c) I request the provision of the documented "Transfer Impact Assessment" required according to clause 14
of the current standard data protection clause sets of the EU Commission or the documented "Transfer
Impact Assessment" required according to Art. 46 (1) GDPR in conjunction with the principles from ECJ
judgment "Schrems II" regarding the data transfers associated with the use of such services.
It should be possible to find the above information without major effort, in particular by means of
corresponding information and links in the official processing directory pursuant to Art. 30 GDPR”.
Rue de la Loi/Wetstraat 175 - B-1048 Bruxelles/Brussel - Belgique/België
Tel. +32 (0)2 281 67 10 - www.consilium.europa.eu - xxxxxx@xxxxxxxxx.xxxxxx.xx
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The General Secretariat of the Council - acting as secretariat for the European Council pursuant to
Article 235(4) of the Treaty on the Functioning of the European Union - has examined your request
on the basis of the applicable rules: Regulation (EC) No 1049/2001 of the European Parliament
and of the Council regarding public access to European Parliament, Council and Commission
documents (OJ L 145, 31.5.2001, p. 43) and the specific provisions of the European Council's
Rules of Procedure (European Council Decision No 2009/882/EU, OJ L 315, 2.12.2009, p. 51) set
out in Article 10(2), which makes Annex II to the Council's Rules of Procedure (Council Decision
No 2009/937/EU, OJ L 325, 11.12.2009, p. 35) applicable mutatis mutandis.
As this request is the same as the one you addressed to the Council of the European Union on
13 January 2022 (registered under the reference 22/0190), please refer to the reply that was sent
to you concerning this latter request.
Yours sincerely,
Fernando FLORINDO
Rue de la Loi/Wetstraat 175 - B-1048 Bruxelles/Brussel - Belgique/België
Tel. +32 (0)2 281 67 10 - www.consilium.europa.eu - xxxxxx@xxxxxxxxx.xxxxxx.xx
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Document Outline