European Data Protection Board Issues Statement on International Enforcement Cooperation
On April 13, 2021, the European Data Protection Board (EDPB) issued a statement responding to questions concerning the exchange of personal data between public authorities under existing international agreements in different areas. The EDPB recalls the requirements of Article 96 of the General Data Protection Regulation (GDPR) and Article 61 Law Enforcement Directive (LED).[1] Those provisions require all international agreements concerning the transfer of personal data to third countries or international organizations which were concluded by the EU Members prior to May 24, 2016 or May 6, 2016, respectively, and which comply with EU law as applicable prior to that date, must remain in force until amended, replaced, or revoked.[2]
[1] EDPB, Recommendation 01/2021 on the adequacy referential under the Law Enforcement Directive, adopted Feb. 2, 2021 https://edpb.europa.eu/sites/edpb/files/files/file1/recommendations012021onart.36led.pdf_en.pdf.
[2] Andrea Jelinek, EDPB, Statement 04/2021 on international agreements including transfers adopted on April 13, 2021 https://edpb.europa.eu/sites/edpb/files/files/file1/edpb_statement042021_international_agreements_including_transfers_en.pdf.