Civile.it
Civile.it
The EDPB recommends that Member States take into account for this review the GDPR and LED themselves, the relevant EDPB guidelines applicable to international transfers, as well as the case-law of the European Court of Justice, including the Schrems II judgment of 16 July 20201.
In particular, the EDPB issued Guidelines 2/2020 on articles 46 (2) (a) and 46 (3) (b) of Regulation 2016/679 for transfers of personal data between EEA and non-EEA public authorities and bodies2in December 2020. These guidelines set forth the standard under the GDPR regarding safeguards to be included in legally binding instruments or administrative arrangements between public bodies.
The EDPB has also included in its work programme for 2021-20223specific guidance on the safeguards to be included in legally binding instruments pursuant to Article 37(1)(a) LED. National Supervisory Authorities (Article 51 GDPR and Article 41 LED) are available to assist Member States in this process.