EDPB Issues Overview of Fourth Plenary Session on Data Protection

European Data Protection Authorities met last week in Brussels for the fourth plenary session as the European Data Protection Board (EDPB). They released an overview today of some of the topics that were discussed:

Guidelines on Territorial Scope

The EDPB announced that they had adopted new draft guidelines on the territorial scope of the General Data Protection Regulation (GDPR) after the September meeting and that they would be issuing them shortly. However, they have now explained that the “standard final legal checks” revealed the need for further discussion. That discussion happened at the November plenary and the “issues have now been fully addressed” according to the release from the EDPB. Expect publication of the guidelines for public consultation “soon”.

The guidelines are expected to promote a common interpretation of the territorial scope of GDPR and clarify particular situations. Among the expected clarifications are various situations where the data controller or processor is established outside of the EU. In particular, the designation of a representative for these entities has been mentioned. We will be closely following news of their publication here and will bring you additional information when we have it.

EU-Japan Draft Adequacy Decision

The EDPB expressed the importance of guaranteeing a high level of protection for data transfers from the EU after the EDPB received the EU-Japan draft adequacy decision in September.

Clinical Trials Regulation

The European Commission is going to create guidance on a Q&A for the interplay between GDPR and the Clinical Trials Regulation. Although the Clinical Trials Regulation was entered into on June 16, 2014, it will not go into effect until six months after publication of confirmation that a fully functional EU clinical trials portal and database is confirmed by an independent audit. The goal of the regulation is to harmonize rules for clinical trials conducted throughout the European Union, making it easier for pharmaceutical companies to conduct multinational clinical trials within the EU.

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