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EU: Commission publishes GDPR two years review

The European Commission ('the Commission') published, on 24 June 2020, its communication ('the Communication') to the European Parliament and the Council of the European Union on the two years of application of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), as well as questions and answers ('the Q&As') on the same. In particular, the Communication outlines that it is the first report to evaluate and review the GDPR, with specific reference to the application and functioning of the rules on the transfer of personal data to third countries and international organisations, as well as of the rules on cooperation and consistency, pursuant to Article 97 of the GDPR. In addition, the Communication addresses, among other things, the enforcement of the GDPR, its implementation in national Member States' legislations, opportunities for small and medium-sized enterprises, and the implications of the relationship between the GDPR and new technologies. 

Moreover, the Communication states that, in relation to the implementation of the GDPR in national legislation, Slovenia has been requested to provide clarifications to the Commission on the finalisation of that process. Furthermore, the Communication outlines that, in relation to the development of a modern international data transfer toolbox, and given that the Court of Justice of the European Union ('CJEU') in a judgment to be delivered on 16 July 2020 may provide clarifications on certain elements of the adequacy standard, the Commission will report separately on the evaluation of the existing adequacy decisions. Lastly, the Communication also points out that the Commission is working on a comprehensive modernisation of Standard Contractual Clauses, in order to update them in light of new requirements introduced by the GDPR. 

You can read the press release here, the Communication here, and the Q&As here.

UPDATE (25 June 2020) 

EDPS issues statement on Commission's Communication 

The European Data Protection Supervisor ('EDPS') issued, on 24 June 2020, a statement on the Commission's Communication. In particular, the EDPS welcomed the Communication and agreed with the Commission’s positive evaluation. In addition, the EDPS highlighted that the consistent and efficient enforcement of the GDPR remains a priority and that it believes that solidarity and reinforced cooperation with the European Data Protection Board ('EDPB') and other related actors is key. Lastly, the EDPS stated that it will publish its strategy for 2020-2024 on 30 June 2020. 

You can read the press release here

UPDATE (7 July 2020)

Commission publishes GDPR 2 years review working document

The Commission published, on 24 June 2020, the Commission Staff Working Document ('the Working Document') on the Communication.

You can read the Working Document here.