Insights European Data Protection Board resolves dispute on transfers by Meta and creates task force on Chat GPT


The EDPB has adopted a dispute resolution decision based on Article 65 of the GDPR on the draft decision of the Irish Data Protection Authority (IE DPA) on the legality of data transfers to the United States by Meta Platforms Ireland Ltd (Meta IE) in relation to Facebook. The EDPB says that the binding decision addresses important legal questions arising from the draft decision of the IE DPA as lead supervisory authority (LSA) regarding Meta IE.

As no consensus was reached on the objections lodged by several DPAs, the EDPB was called upon to settle the dispute between the DPAs within two months.

The LSA must now adopt its final decision, addressed to the controller, based on the EDPB binding decision, taking into account the EDPB’s legal assessment, within one month following notification of the EDPB’s decision. The EDPB will publish its binding decision on its website after the LSA has notified the controller of its national decision. At the moment, the EDPB says simply that it has settled the dispute on whether an administrative fine and/or an additional order to bring processing into compliance must be included in the IE DPA’s final decision.

The EDPB has also decided to launch a dedicated task force to foster cooperation and to exchange information on possible enforcement actions conducted by data protection authorities following recent enforcement action undertaken by the Italian data protection authority against Open AI concerning the Chat GPT service. To read the EDPB’s press release in full, click here.