On 11 November 2020, the EDPB announced that during its 41st plenary session, it had adopted the Supplementary Transfer Measures Recommendations and the European Essential Guarantees for surveillance measures, following the CJEU Schrems II ruling.
In a nutshell:
- the Supplementary Transfer Measures Recommendations provide data exporters with a roadmap of the steps they should follow when considering transferring personal data to third countries, potential sources of information, and some examples of supplementary measures that could be put in place.
- the European Essential Guarantees for surveillance measures provide data exporters with elements to determine if the legal framework governing public authorities’ access to data for surveillance purposes in third countries can be regarded as a justifiable interference with the rights to privacy and the protection of personal data.
The Supplementary Transfer Measures Recommendations are subject to public consultation until 30 November 2020.