EDPB Publishes Draft Guidelines on Interplay of Article 3 GDPR and the GDPR’s Cross-Border Transfer Rules

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On November 19, 2021, the European Data Protection Board (“EDPB”) published its draft Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR (available here).  The draft guidelines are currently subject to a public consultation period that ends on January 31, 2022; interested stakeholders can submit their feedback here.

In this blog post, we provide a brief background on the issues addressed in the draft guidelines, and summarize the key takeaways.

Background

Chapter V of the General Data Protection Regulation (“GDPR”) regulates “transfers” of personal data from entities based in the EU to entities outside of the EU.  Such transfers are considered lawful under the GDPR only if a valid transfer mechanism is relied upon and applied to ensure that the personal data is adequately protected in the third country to which it is transferred.  Chapter V provides an exhaustive list of transfer mechanisms, including the Standard Contractual Clauses

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