On 19 October 2021, the European Data Protection Board (EDPB) published on its website the final version of the Guidelines 10/2020 on restrictions under Article 23 GDPR, adopted after public consultation, during its October plenary.
As mentioned by the EDPB, the Guidelines seek to recall the conditions for using such restrictions by the Member States or the EU legislator in light of the Charter of Fundamental Rights and the GDPR.
Thus, the EDPB provides a detailed analysis of the criteria to apply restrictions, the necessary assessments to be observed, the way in which data subjects can exercise their rights after the restrictions are lifted, the consequences of infringements of Article 23 of the GDPR, and the obligations and rights that may be restricted. Other aspects addressed in the Guidelines include how the legislative measures establishing restrictions need to ensure predictability requirement and an analysis of the grounds for the restrictions listed by Article 23 (1) of the GDPR.
The press release is available here.
