- The EU Commission has postponed the adequacy decision until after the ECJ ruling in the Schrems II case (July 16, 2020).
- The evaluation report confirms that the ECJ ruling could be essential for elements of the adequacy standard.
- The Commission intends to continue work on adequacy decisions with international partners, including progress already made with Japan.
- Together with the EDPB, the Commission is examining the modernization of other data transfer mechanisms such as standard contractual clauses, certifications and codes of conduct.
The EU Commission has first on today planned Adequacy decision postponed. In connection with the today published Evaluation report on the implementation of the GDPR it can be inferred that the adequacy decision will not be made before the ECJ issues its judgment – expected on July 16, 2020. in the matter of Schrems II has felled:
Harnessing the full potential of international data transfersOver the past two years, the Commission’s international engagement on free and safe data transfers has yielded important results. This includes Japan, with which the EU now shares the world’s largest area of free and safe data flows. The Commission will continue its work on adequacywith its partners around the world. In addition and in cooperation with the EDPB, the Commission is looking at modernising other mechanisms for data transfers, including Standard Contractual Clauses, the most widely used data transfer tool. The EDPB is working on specific guidance on the use of certification and codes of conduct for transferring data outside of the EU, which need to be finalised as soon as possible. Given the European Court of Justice may provide clarifications in a judgment to be delivered on 16 July that could be relevant for certain elements of the adequacy standard, the Commission will report separately on the existing adequacy decisions after the Court of Justice has handed down its judgment.