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Toolbox on essential data protection safeguards for enforcement cooperation between EEA data protection authorities and competent data protection authorities of third countries

In the context of Article 50 GDPR concerning international cooperation with third countries competent data protection authorities, the following toolbox of essential data protection safeguards to be concluded in addition to or inserted in an enforcement cooperation agreement has been developed.

These safeguards can be either provided in an administrative arrangement or in an international agreement. Their wording will have to be adjusted accordingly depending on whether the tool developed will be an administrative arrangement or an international agreement, and on the specific circumstances of the transfers to be framed. As recalled in the guidelines 2/2020 of the EDPB concerning Article 46, 2) a) and Article 46, 3) b) of the GDPR, in administrative arrangements specific steps have to be taken to ensure effective individual rights, redress and oversight, preferably through assurances from the receiving party that its domestic law already provides for the essential safeguards. International agreements can establish safeguards directly within the international agreement or build on already existing elements in the national law of a third country.

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