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German BfDI recommends evaluation of the GDPR

This article was published in 2020. Laws, case law and regulatory guidance may have changed since then. Contact us for up to date advice.

Germany’s Federal Commissioner for Data Protection and Freedom of Information (BfDI) has announced that the European Data Protection Board (EDPB) will recommend simple improvements in its contribution to the evaluation of the EU General Data Protection Regulation (GDPR). BfDI Commissioner and EDPB representative Ulrich Kelber: “The EDPB believes ‘large-scale changes’ to the GDPR are ‘premature’, but acknowledges that ‘improvements in practical implementation’ are necessary.” The EDPB will also recommend that the European Commission review and revise its decisions on EU standard contractual clauses.

On 18 February, the European Data Protection Board (EDPB) adopted a joint contribution to the evaluation of the General Data Protection Regulation (GDPR). The European Commission had asked the EDPB for a contribution to the evaluation procedure. In its response, the Board emphasises the importance of the GDPR for protecting and strengthening the fundamental right to data protection within the EU.

Professor Ulrich Kelber, Federal Commissioner for Data Protection and Freedom of Information, said: My colleagues and I consider large-scale legislative changes to the GDPR to be premature. However, we do see a need for improvements in practical implementation. This applies in particular to cooperation between data protection supervisory authorities in cross-border cases. Differences in national administrative procedures must not impair the effectiveness of GDPR enforcement against companies that have committed data protection breaches.

With regard to international data flows, the EDPB emphasises the importance of the European Commission’s adequacy decisions. It calls on the Commission to revise its decisions on EU standard contractual clauses for data transfers to third countries.

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