New Year, New Plan: EDPB Issues 2021-2023 Strategy

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It's a new year and everyone makes resolutions, even the European Data Protection Board (EDPB).

In its 2021-2023 strategy, the EDPB sets four pillars and action items associated with them, leaving the bombshell to the very last bullet point: focus on engagement and cooperation with supervisory authorities of third countries in enforcement cases involving controllers or processors located outside the EEA.

Pillar 1Advancing harmonization and facilitating compliance — this means striving for a maximum degree of consistency in the application of data protection rules and limiting fragmentation among member states.

Action items:

  • Provide further guidance on key notions of European Union data protection law.
  • Promote development and implementation of compliance mechanisms for controllers and processors (e.g. codes of conduct and certifications).
  • Foster the development of common tools for a wider audience (non-experts and Small or Medium Enterprises) and engage in awareness-raising and outreach activities.

Pillar 2Supporting effective enforcement and efficient cooperation between national supervisory authorities

Action items:

  • Encourage and facilitate use of the full range of cooperation tools.
  • Implement a Coordinated Enforcement Framework (CEF) to facilitate joint actions in a flexible but coordinated manner.
  • Establish a Support Pool of Experts (SPE) on the basis of a pilot project, with a view of providing material support in the form of expertise that is useful for investigations and enforcement activities.

Pillar 3Fundamental rights approach to new technologies — continuously monitor new and emerging technologies and their potential impact on the fundamental rights and daily lives of individuals.

Action items:

  • Proactively monitoring, assessing and establishing common positions and guidance as regards new technological applications in areas such as artificial intelligence (AI), biometrics, profiling, ad tech.
  • Reinforcing data protection by design and by default and accountability.
  • Intensify engagement and cooperation with other regulators (e.g. consumer protection and competition authorities) and policymakers.

Pillar 4The global dimension — set and promote high EU and global standards for international data transfers to third countries in the private and the public sector.

Action items:

  • Promote the use of transfer tools ensuring an essentially equivalent level of protection and increase awareness on their practical implementation: develop and provide further practical guidance.
  • Engage in dialogue with international organizations and institutional networks in order to provide leadership in data protection.
  • Facilitate the engagement between EDPB members and the supervisory authorities of third countries with a focus on cooperation in enforcement cases involving controllers/processors located outside the European Economic Area.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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