European Union: Issued EDPS Opinion (18/2023) on the Recommendation for a Council Decision authorising the opening of negotiations for digital trade disciplines with the Republic of Korea and with Singapore

Description

Issued EDPS Opinion (18/2023) on the Recommendation for a Council Decision authorising the opening of negotiations for digital trade disciplines with the Republic of Korea and with Singapore

On 15 May 2023, the opinion of the European Data Protection Supervisor (EDPS) on the "Recommendation for a Council Decision authorising the opening of negotiations for digital trade disciplines with the Republic of Korea and with Singapore” was issued. The recommendation in question aims to grant the Commission the authority to initiate negotiations with the Republic of Korea and Singapore. The purpose is to establish enforceable regulations pertaining to trade in goods and services facilitated through electronic means. These negotiations may encompass areas such as cross-border data flows, trust, data localisation requirements, and personal data protection. The EDPS emphasises that the protection of personal data is a fundamental right within the European Union and should not be subject to negotiations in the context of EU trade agreements, arguing that to facilitate personal data flows between the EU and third countries, the mechanisms provided under EU GDPR should be used. Regarding the Republic of Korea specifically, the EDPS notes that the Commission already granted an adequacy decision, and as a result, transfers of personal data from controllers or processors in the European Economic Area (EEA) to organizations in the Republic of Korea can occur without further authorisation. Therefore, the EDPS recommends providing a clearer explanation as to why, despite the adequacy decision, additional negotiations on cross-border data flows and data protection are deemed necessary in the case of the Republic of Korea.

Original source

Scope

Policy Area
Data governance
Policy Instrument
Cross-border data transfer regulation
Regulated Economic Activity
cross-cutting
Implementation Level
supranational
Government Branch
executive
Government Body
data protection authority

Complete timeline of this policy change

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2023-04-14
under deliberation

On 14 April 2023, the European Commission issued a recommendation for a Council Decision authorisin…

2023-05-15
under deliberation

On 15 May 2023, the opinion of the European Data Protection Supervisor (EDPS) on the "Recommendatio…

2023-06-27
under deliberation

On 27 June 2023, the Council of the European Union adopted the Decision authorising the opening of …

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