During its 41^st plenary session on 9 and 10 November 2020, the EDPB adopted “Recommendations 02/2020 on the European Essential Guarantees for surveillance measures”. The Essential Guarantees recommendations are complementary to the recommendations on supplementary measures following the Schrems II ruling (see item above).

The EDPB says that the Essential Guarantees recommendations provide data exporters with tools to determine whether 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, and therefore as not impinging on the commitments of the Article 46 GDPR transfer tool that data exporters and importers rely on. To read the EDPB’s press release, click here. To access the recommendations, click here.