Commission Decisions on the Adequacy of the Protection of Personal Data in Third Countries

The Council and the European Parliament have given the Commission the power to determine whether a third country ensures an adequate level of protection by reason of its domestic law or of the international commitments it has entered into. The adoption of a (comitology) Commission decision involves:a proposal from the Commission;an opinion of the group of the national data protection commissioners (Article 29 working party); an opinion of the Article 31 Management committee delivered by a qualified majority of Member States; a thirty-day right of scrutiny for the European Parliament, to check if the Commission has used its executing powers correctly; and the adoption of the decision by the College of Commissioners.This decision would allow personal data to flow from the 27 EU countries and three EEA member countries (Norway, Liechtenstein and Iceland) to that third country without any further safeguard being necessary.

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