EDPB Plenary no.51 / 7 June 2021, By Mugurel Olariu –

EDPB Plenary no.51 / 7 June 2021

By Mugurel Olariu, RPD protectie day

The european / supranational entire body for information defense – European Facts Security Board / EDPB, held its 51st plenary meeting on 7 July 2021, inspecting a variety of essential files and doing work equipment, like we mention:
1. Interior guidance on the managing of problems from general public authorities or non-public bodies performing under Report 6 (1) (c) or (e) of the RGPD.
2. Rules on Codes of Perform as a instrument for transfers.
3. Pointers on the Use of social media by general public bodies – mandate application.
4. Rules on Digital voice assistants (just after public consultation).
5. Guidelines on the principles of controller and processor (just after public session).

The stated doing work resources are to be revealed by the EDPB in the near long run, so we will conduct a thorough assessment following their look. Right up until then, we will make some theoretical clarifications, from the viewpoint of the typical regulation.

1. The legality of the processing, according to artwork. 6 of the RGPD, considerations two unique ailments and situations, each for the community authorities and for the non-public bodies that satisfy a process that serves the general public desire, in-depth in paragraph (1) letter c) and e), which deliver:
c) the processing is important in purchase to satisfy a lawful obligation incumbent on the operator
e) the processing is necessary for the fulfillment of a task that serves a public curiosity or that final results from the work out of the public authority with which the operator is invested
Consequently, the circumstance refers only to the exercise of running the complaints / requests of the facts subjects by the general public authorities or personal bodies, respectively to the need to course of action own knowledge relating to:
– achievement of a lawful obligation,
– accomplishing a task in the general public fascination, or
– final results from the exercise of the public authority with which the operator is invested.
It follows that the recipients of this inside guide are capable by public authorities or personal bodies, which have out knowledge processing that falls into just one of the a few hypotheses introduced.
Certainly, the other non-public operators can also acquire more than the design that will be posted, as a least important, in the problem when they have not however ordered suitable measures, of a complex and organizational mother nature, for taking care of the requests of the knowledge topics.

EDPB Plenary no.51 / 7 June 2021

2. Tips on Codes of Conduct as a instrument for transfers, benefits from the provisions of artwork. 40 para. (2) lit. j) and paragraph (3) and of art. 46 para. (2) lit. e) of the GDPR.
So, on the a person hand, the obligation that in the Code of Perform according to which there must be provisions in get to specify how to apply to j) the transfer of personalized facts to 3rd countries or international corporations from the point of view of art. 40 paragraph (2), for the operators or authorized folks to whom the RGPD applies or not, from the point of view of art. 40 paragraph (3), and on the other hand, to provide this sort of an satisfactory assure by the Code of Perform accredited, from the perspective of art. 46, paragraph (2) letter e) of the RGPD.
We remind you that the adequate ensures in the transfer of private data furnished by artwork. 46 paragraph (2) of the RGPD, demonstrate that:
2. The acceptable guarantees referred to in paragraph 1 might be offered without the will need for any particular authorization from a supervisory authority, by:
a) a legally binding and enforceable instrument in between community authorities or bodies
b) mandatory company procedures in accordance with Post 47
c) standard data defense clauses adopted by the Fee in accordance with the assessment treatment referred to in Report 93 (2)
d) typical knowledge safety clauses adopted by a supervisory authority and accepted by the Commission in accordance with the examination process referred to in Short article 93 (2)
e) a code of perform authorised in accordance with Report 40, accompanied by a binding and enforceable undertaking by the operator or the human being empowered by the 3rd state operator to use acceptable safeguards, which include the rights of information subjects or
f) a certification mechanism permitted in accordance with Article 42, accompanied by a binding and enforceable undertaking by the operator or the individual empowered by the third country operator to apply acceptable ensures, including on the rights of details topics.

EDPB Plenary no.51 / 7 June 2021

3. The request for a mandate which is the topic of the Guidelines on the Use of social media by public bodies, will regulate the boundaries of the mandate for public authorities aiming at this use. In brief, the circumstance will also control the concrete way and the cases in which community authorities can use social networks.
Clearly, this Guideline will also just take into account a shut url with Suggestions 8/2020 on focusing on / targeting social media buyers.

4. Pointers on Virtual voice assistants, adopted on March 9, 2021 – Guidebook 8/2020 is finalized in model 2., right after general public session.

5. Tips on the concepts of controller and processor, adopted on September 7, 2020 – Guideline 7/2020, is finalized in edition 2., soon after community session.

We reiterate that we will return in future content with particulars of the devices offered, in order to make clear for market operators the problems regulated at Board stage.

EDPB Plenary no.51 / 7 June 2021
By Mugurel Olariu, RPD protectie day