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Data protection is non-negotiable in international trade agreements

The rules for data protection in the EU institutions, as well as the duties of the European Data Protection Supervisor (EDPS), are set out in Regulation (EU) 2018/1725.

Processing of personal data: according to Article 3(3) of Regulation (EU) 2018/1725, processing of personal data refers to “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”. See the glossary on the EDPS website.

“EU horizontal provisions on Cross-border data flows and protection of personal data and privacy in the Digital Trade Title of EU trade agreements”: endorsed by the European Commission in 2018, these horizontal provisions allow the EU to include measures to facilitate cross-border data flows in trade agreements while fully preserving individuals’ fundamental rights to data protection and privacy. The horizontal provisions reach a balanced compromise between public and private interests as they allow the EU to tackle protectionist practices in third countries in relation to digital trade while ensuring that trade agreements cannot be used to challenge the high level of protection guaranteed by the EU Charter of Fundamental Rights and the EU legislation on the protection of personal data.

The legislative consultation powers of the EDPS are laid down in Article 42 of Regulation (EU) 2018/1725 which obliges the European Commission to consult the EDPS on all legislative proposals and international agreements that might have an impact on the processing of personal data. Such an obligation also applies to draft implementing and delegated acts. The statutory deadline for issuing an EDPS opinion is 8 weeks.

The EDPS opinions are published on our website, and later on, in the Official Journal of the EU, and officially transmitted to the European Parliament, the Council and the Commission.

The EDPS also has the power to issue opinions on any issue of relevance to the protection of personal data, addressed to the EU legislator or to the general public, in response to a consultation by another institution or on his own initiative.

Disclaimer: RegRadar is not endorsed nor affiliated with the source authority. This material does not constitute any advice. This material is machine translated and does not constitute an official translation by the source authority. Please note that the information can be obtained free of charge through the source website.