We highly appreciate the opportunity to share our views in the context of this public consultation which we consider to be a crucial exercise to optimize data protection practices across the EU.
Against this background, we firmly believe these Guidelines largely support the development of robust privacy standards in the context of international data transfers in line with Article 46, being therefore particularly relevant for the ongoing work on the EU Cloud CoC’s Third Country Module.
Given the absence of a legal definition of “transfers” under the GDPR, such guidelines allow for a harmonized interpretation of Article 3 in relation with the provisions on international transfers under Chapter V. In this regard, the EDBP identified three cumulative criteria that qualify a processing activity as transfer under Chapter V, bringing more clarity and certainty in the field.
