Europe: EDPB issues guidelines on interplay between Article 3 and Chapter V of GDPR

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On 19 November, 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 (“Guidelines”). The Guidelines aim to clarify the interplay between Article 3 and the provisions of the GDPR on international transfers in Chapter V, in order to assist controllers and processors in the EU in identifying whether a processing activity constitutes a transfer to a third country or to an international organisation and, as a result, whether they have to comply with the provisions of Chapter V of the GDPR. To assist with this, the Guidelines provide a set of criteria that qualify a processing as a transfer, alongside examples of specific processing.

Background

The GDPR regulates the transfer of EU personal data outside of the EEA, requiring a valid transfer mechanism under Chapter

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