The EDPB clarifies rules for data exchange with authorities in third countries and approves the EU Data Protection Seal Certification
In an effort to strengthen personal data protection in the context of international transfers, the European Data Protection Board (EDPB) has issued new guidelines on data exchange with authorities in third countries.
Additionally, it has approved the certification of the European Union (EU) Data Protection Seal, providing a clearer framework to ensure the security and legality of these practices.
EDPB Legislation for International Data Transfers
International data transfers have been a critical issue in privacy regulation, especially after the invalidation of the Privacy Shield between the EU and the U.S. in 2020. The EDPB has reinforced requirements to ensure that any data transfer to authorities in third countries complies with the General Data Protection Regulation (GDPR).
The guidelines establish that:
- Principle of necessity and proportionality: transfers of data to authorities in third countries must be strictly necessary and proportionate to the intended objective.
- Adequate safeguard mechanisms: tools such as Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs) must be used to ensure an adequate level of protection.
- Prior risk assessment: before transferring data, companies and entities must assess whether the recipient country offers a level of protection equivalent to that of the GDPR.
- Transparency and additional safeguards: in cases where there are potential risks of foreign authorities accessing data, notification mechanisms and additional security measures must be established.
These measures aim to balance international cooperation with the need to protect the fundamental rights of European citizens.
Explanation of the Data Protection Seal Certification
Along with transfer regulations, the EDPB has approved a certification scheme that allows organizations to demonstrate compliance with the GDPR through the EU Data Protection Seal.
Features of the seal:
- Voluntary: it is not mandatory but provides a competitive advantage to certified companies.
- Strict evaluation criteria: it is based on requirements such as data minimization, security, data subjects’ rights, and proactive accountability.
- Supervision by accredited bodies: only certification entities recognized by data protection authorities can grant it.
- Recognition across the EU: it facilitates business operations within the European Economic Area (EEA) and fosters trust among customers and partners.
This seal not only improves transparency and regulatory compliance but also strengthens consumer trust in digital services.
Consequences and implementations for global companies
The new EDPB guidelines impose challenges and opportunities for companies handling data of EU citizens. Some key implications include:
- Review of transfer agreements: companies must assess their contracts and adapt their clauses to comply with the additional safeguards required.
- Greater investment in data security: the use of advanced encryption, EU-based storage, and privacy-by-design strategies will be key to compliance.
- Mandatory audits and documentation: continuous monitoring is required to demonstrate the adequacy of transfers and implemented protection measures.
- Impact on international trade: companies operating in the U.S., China, or other countries must assess local legal frameworks and their potential conflicts with European regulations.
- Leveraging the Data Protection Seal: obtaining certification can provide a competitive advantage by assuring customers and business partners of a strong commitment to data protection.
In conclusion, the EDPB strengthens personal data protection in the international sphere by clarifying transfer rules and establishing a certification system. Companies must quickly adapt to these guidelines to avoid penalties and take advantage of the trust and security opportunities these regulatory changes bring.
