European Commission Reviews and Reaffirms Adequacy Decisions for 11 Jurisdictions

By neub9
2 Min Read

On January 15, 2024, the European Commission published its “report on the first review of the functionality of the Adequacy Decisions adopted pursuant to Article 25(6) of Directive 95/46/EC” (the “Report”). The Report provides an in-depth analysis of the European Commission’s evaluation of whether 11 jurisdictions (Andorra, Argentina, Canada, the Faroe Islands, Guernsey, the Isle of Man, Israel, Jersey, New Zealand, Switzerland and Uruguay) that benefit from Adequacy Decisions adopted under the repealed Directive 95/46/EC still meet the necessary requirements to maintain adequacy status under the EU General Data Protection Regulation (“GDPR”).

Although Adequacy Decisions made under Directive 95/46/EC remain valid under the GDPR, the European Commission is mandated to continually monitor developments in third countries and international organizations that could impact their effectiveness. Additionally, existing Adequacy Decisions are subject to a review process at least every four years.

In the latest review, the European Commission determined that the Adequacy Decisions for all 11 jurisdictions should be upheld. The Report states that “the data protection frameworks in place in each of the eleven countries or territories have further aligned with the framework of the EU. Furthermore, in the area of government access to personal data, the first review has demonstrated that the laws of these countries or territories impose suitable safeguards and limitations and provide oversight and redress mechanisms in this area.”

Access the full Report.

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