Article 29 WP will release guidelines on the GDPR by the end of 2016

28. Oktober 2016

As Bloomber reports, the Article 29 WP will provide guidance on the GDPR soon. Isabelle Falque-Pierrotin, Chairwoman of the CNIL as well as of the Article 29 WP, acknowledged that the GDPR text is ambiguous in some aspects. Therefore, these guidelines aim at serving as an operational toolbox.

Amongst others, the guidance to the GDPR shall refer to the following aspects:

• The designation of the leading Supervisory Authority in case of complaints or in relation to other procedures. Moreover, aspects of the bilateral cooperation and competence to resolve disputes by the Supervisory Authorities and the European Data Protection Board shall be clarified.
• Guidance on the figure of Data Protection Officers is one of the priorities of the Article 29 WP, as it will play an essential role in companies on achieving GDPR compliance.
• The right to data portability has been regulated for the first time in the GDPR. This right will allow data subjects to access their data and transfer data to other data controllers, for example upon the change of telephone provider. The guidance should focus on its scope and implementation.
• The standard by which the proof of consent will take place, will have to be specified. This is especially important for small and medium-sized companies, for which a “simple pedagogical tool” will be developed.
• A formal guidance on the Privacy Shield will not take place until the EU Commission has reviewed its functioning after the first year, this is summer or early fall 2017.

At the moment, the Article 29 WP remains neutral with regard to the Brexit. However, Falque-Pierrotin remarked that the Privacy Shield may be also useful in UK regarding international data flows with the U.S.A.

Further guidance is also expected in 2017, especially regarding topics such as the EU-U.S. Privacy Shield and the implication of the Brexit in privacy issues.

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