EDPB assesses success and future of GDPR
The European Data Protection Board (EDPB) recently expressed its satisfaction with the successful application of the General Data Protection Regulation (GDPR), which has been in effect for over 5 years. The EDPB believes that the GDPR has strengthened, modernized, and harmonized data protection principles across the EU. It has played a crucial role in raising awareness among individuals and businesses about their rights and responsibilities under the GDPR. The board also emphasizes the importance of supporting the implementation of the GDPR, particularly for small and medium-sized enterprises (SMEs).
In addition to promoting compliance, the EDPB has focused on ensuring consistent enforcement of the GDPR. It has developed a comprehensive library of guidance documents to help controllers and processors comply with the regulation and to facilitate consistent enforcement by Data Protection Authorities (DPAs) across the EU. The EDPB has also provided a framework for the practical application of compliance tools such as codes of conduct and certification mechanisms, which have been operationalized consistently throughout the EU.
The EDPB recognizes that there are still challenges ahead and believes that it is premature to revise the GDPR at this point. Instead, it calls on co-legislators to swiftly adopt a new Regulation that lays down additional procedural rules for cross-border enforcement of the GDPR. The board emphasizes the need for sufficient resources to ensure that DPAs and the EDPB can continue carrying out their tasks effectively. It acknowledges the continuously evolving technological landscape and the introduction of new legislation, such as the Digital Markets Act (DMA), Digital Services Act (DSA), Digital Governance Act (DGA), and proposal for an AI Act, which may place additional responsibilities on DPAs and the EDPB.
The EDPB also highlights the importance of international cooperation and the development of adequacy decisions with third countries and international organizations. It encourages the European Commission to continue its work on reviewing adequacy decisions adopted under Directive 95/46/EC. The board stresses the significance of effective enforcement cooperation with third countries to ensure the consistent protection of data subjects’ rights.
In summary, the EDPB’s latest plenary meeting reaffirmed the success of the GDPR in strengthening data protection across the EU. The board emphasizes the need for additional procedural rules for cross-border enforcement and sufficient resources for DPAs and the EDPB. It underlines its role in promoting compliance, providing guidance, and settling disputes. Furthermore, international cooperation and enforcement are highlighted as crucial aspects for ensuring effective data protection.
