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EU: Insurance Europe publishes Joint Statement expressing serious criticism against EDPB draft recommendations on data transfers

Insurance Europe issued, on 21 December 2020, a statement noting that it had published a joint statement ('the Joint Statement') with a coalition of industry federations raising serious concerns about a set of draft recommendations relating to international transfers published by the European Data Protection Board ('EDPB') in the wake of the Court Justice of the European Union ('CJEU') ruling of 16 July 2020 in Data Protection Commissioner v. Facebook Ireland Limited, Maximillian Schrems (C-311/18) ('the Schrems II Case'). In particular, Insurance Europe notes that while the EDPB's draft recommendations aim to offer clarity, they will in fact make it unnecessarily difficult for businesses to transfer data outside the EU, which will hamper the competitiveness of European businesses on the world stage. Furthermore, Insurance Europe highlights that the EDPB should instead take a more risk-based approach, when drafting its final recommendations and allow businesses to continue to rely on contractual and organisational means, and that the recommendations should also encourage the development of workable technical solutions, rather than an overreliance on methods such as encryption.

You can read the press release here and the Joint Statement here