International Transfers Expert Subgroup meeting
29 January 2019, Rue Montoyer 30, EDPB premises
Approval of the Agenda
The draft agenda was revised in order to include an urgent discussion point on the Brexit information
note, as requested by the EDPB at its plenary meeting in January 2019. Hence, “Discussion on Brexit
information note” was added to the agenda which was then approved. As a result of this, the items
on Guidelines on the Article 46 Guidelines and BCRs and SCCs were decided to be addressed in a
conference call on 06 February 2019. The item on Codes of Conduct and Certification as tools for
transfers was moved to the next ITS meeting in March 2019.
The coordinator introduced the latest draft of the opinion on the administrative arrangement
negotiated by ESMA and IOSCO.
All members of the ITES again were invited to comment on the draft circulated before the meeting by
31 January 2019, 2:00 pm.
Discussion on Brexit Information Note
The Secretariat provided the ITES with a draft information note on the consequences of a no-deal
Brexit, drafted by the Secretariat following a decision of the January 2019 plenary meeting. The ITES
was kindly requested to provide feedback, to support the discussions on this note in the SAESG on 31
January. The information mainly explains the consequences of UK becoming a third country and the
application of the data transfer instruments to future transfers to the UK, after 29 March 2019, in the
case of a no-deal Brexit.
Furthermore, the members of the ITES discussed an information note on the consequences of a no-
deal Brexit on pending and approved BCRs. It was suggested to append this note to the
aforementioned note. This document would be also forwarded to SAESG.
Finally, the SEC wil distribute to the members of the ITES an overview provided by UK on the state of
play regarding pending BCR procedures.
- Follow-up conference call on leftover items: 06 February 2019
- Comments on ESMA draft opinion: 31 January 2019
Annex: Attendance List DPAs:
AT, BE, BG, CZ, DE (Federal, Bavaria, Hesse), DK, EDPS, EL, ES, FI, FR, HR, HU, IE, IT, LU, LV, NL,
RO, SE, SI, UK