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EU: EDPB publishes final version of Guidelines on Law Enforcement Directive

On June 19, 2024, the European Data Protection Board (EDPB) published the final version of Guidelines 01/2023 on Article 37 of the Law Enforcement Directive (LED) defining the legal standard for appropriate safeguards to be applied by competent authorities pursuant to this article and the expectations of the EDPB from the Member States regarding the legally binding instruments with third countries and international organizations.

The Guidelines outline the following, among other things:

  • the choice of a legal mechanism for transfers, taking into account their cascade operation;
  • an outline and contents of the legally binding instrument, preparatory work, and interplay with international agreements;
  • cases when Article 37(1)(b) of the LED may be used and how to assess the circumstances of the transfer in terms of risk to the data subjects; and
  • actions to be taken upon concluding the appropriateness of the existing safeguards, including assuming enhanced accountability obligations, such as categories of transfers in the record of processing activities, preserving, reviewing, and updating the assessments with regard to transfers, and cooperating with supervisory authorities.

You can read the press release here and the Guidelines here.