Article 50 GDPR

← Article 50 - International cooperation for the protection of personal data →
Chapter 1: General provisions Article 1: Subject-matter and objectives Article 2: Material scope Article 3: Territorial scope Article 4: Definitions Chapter 2: Principles Article 5: Principles relating to processing of personal data Article 6: Lawfulness of processing Article 7: Conditions for consent Article 8: Conditions applicable to child’s consent in relation to information society services Article 9: Processing of special categories of personal data Article 10: Processing of personal data relating to criminal convictions and offences Article 11: Processing which does not require identification Chapter 3: Rights of the data subject Article 12: Transparent information, communication and modalities for the exercise of the rights of the data subject Article 13: Information to be provided where personal data are collected from the data subject Article 14: Information to be provided where personal data have not been obtained from the data subject Article 15: Right of access by the data subject Article 16: Right to rectification Article 17: Right to erasure (‘right to be forgotten’) Article 18: Right to restriction of processing Article 19: Notification obligation regarding rectification or erasure of personal data or restriction of processing Article 20: Right to data portability Article 21: Right to object Article 22: Automated individual decision-making, including profiling Article 23: Restrictions Chapter 4: Controller and processor Article 24: Responsibility of the controller Article 25: Data protection by design and by default Article 26: Joint controllers Article 27: Representatives of controllers or processors not established in the Union Article 28: Processor Article 29: Processing under the authority of the controller or processor Article 30: Records of processing activities Article 31: Cooperation with the supervisory authority Article 32: Security of processing Article 33: Notification of a personal data breach to the supervisory authority Article 34: Communication of a personal data breach to the data subject Article 35: Data protection impact assessment Article 36: Prior consultation Article 37: Designation of the data protection officer Article 38: Position of the data protection officer Article 39: Tasks of the data protection officer Article 40: Codes of conduct Article 41: Monitoring of approved codes of conduct Article 42: Certification Article 43: Certification bodies Chapter 5: Transfers of personal data Article 44: General principle for transfers Article 45: Transfers on the basis of an adequacy decision Article 46: Transfers subject to appropriate safeguards Article 47: Binding corporate rules Article 48: Transfers or disclosures not authorised by Union law Article 49: Derogations for specific situations Article 50: International cooperation for the protection of personal data Chapter 6: Supervisory authorities Article 51: Supervisory authority Article 52: Independence Article 53: General conditions for the members of the supervisory authority Article 54: Rules on the establishment of the supervisory authority Article 55: Competence Article 56: Competence of the lead supervisory authority Article 57: Tasks Article 58: Powers Article 59: Activity reports Chapter 7: Cooperation and consistency Article 60: Cooperation between the lead supervisory authority and the other supervisory authorities concerned Article 61: Mutual assistance Article 62: Joint operations of supervisory authorities Article 63: Consistency mechanism Article 64: Opinion of the Board Article 65: Dispute resolution by the Board Article 66: Urgency procedure Article 67: Exchange of information Article 68: European Data Protection Board Article 69: Independence Article 70: Tasks of the Board Article 71: Reports Article 72: Procedure Article 73: Chair Article 74: Tasks of the Chair Article 75: Secretariat Article 76: Confidentiality Chapter 8: Remedies, liability and penalties Article 77: Right to lodge a complaint with a supervisory authority Article 78: Right to an effective judicial remedy against a supervisory authority Article 79: Right to an effective judicial remedy against a controller or processor Article 80: Representation of data subjects Article 81: Suspension of proceedings Article 82: Right to compensation and liability Article 83: General conditions for imposing administrative fines Article 84: Penalties Chapter 9: Specific processing situations Article 85: Processing and freedom of expression and information Article 86: Processing and public access to official documents Article 87: Processing of the national identification number Article 88: Processing in the context of employment Article 89: Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes Article 90: Obligations of secrecy Article 91: Existing data protection rules of churches and religious associations Chapter 10: Delegated and implementing acts Article 92: Exercise of the delegation Article 93: Committee procedure Chapter 11: Final provisions Article 94: Repeal of Directive 95: /46: /EC Article 95: Relationship with Directive 20: 02: /58: /EC Article 96: Relationship with previously concluded Agreements Article 97: Commission reports Article 98: Review of other Union legal acts on data protection Article 99: Entry into force and application

Legal Text

Article 50 - International cooperation for the protection of personal data

In relation to third countries and international organisations, the Commission and supervisory authorities shall take appropriate steps to:

(a) develop international cooperation mechanisms to facilitate the effective enforcement of legislation for the protection of personal data;

(b) provide international mutual assistance in the enforcement of legislation for the protection of personal data, including through notification, complaint referral, investigative assistance and information exchange, subject to appropriate safeguards for the protection of personal data and other fundamental rights and freedoms;

(c) engage relevant stakeholders in discussion and activities aimed at furthering international cooperation in the enforcement of legislation for the protection of personal data;

(d) promote the exchange and documentation of personal data protection legislation and practice, including on jurisdictional conflicts with third countries.

Relevant Recitals

Recital 102

This Regulation is without prejudice to international agreements concluded between the Union and third countries regulating the transfer of personal data including appropriate safeguards for the data subjects. Member States may conclude international agreements which involve the transfer of personal data to third countries or international organisations, as far as such agreements do not affect this Regulation or any other provisions of Union law and include an appropriate level of protection for the fundamental rights of the data subjects.

Recital 116

When personal data moves across borders outside the Union it may put at increased risk the ability of natural persons to exercise data protection rights in particular to protect themselves from the unlawful use or disclosure of that information. At the same time, supervisory authorities may find that they are unable to pursue complaints or conduct investigations relating to the activities outside their borders. Their efforts to work together in the cross-border context may also be hampered by insufficient preventative or remedial powers, inconsistent legal regimes, and practical obstacles like resource constraints. Therefore, there is a need to promote closer cooperation among data protection supervisory authorities to help them exchange information and carry out investigations with their international counterparts. For the purposes of developing international cooperation mechanisms to facilitate and provide international mutual assistance for the enforcement of legislation for the protection of personal data, the Commission and the supervisory authorities should exchange information and cooperate in activities related to the exercise of their powers with competent authorities in third countries, based on reciprocity and in accordance with this Regulation.

Commentary

Overview

Article 50 GDPR aims to promote cooperation between the Commission and data protection authorities from the European Union and worldwide data protection authorities from third countries, both for law enforcement purposes as well as for the exchange of knowledge. This way, Article 50 GDPR expands cross borders the exhortation from Article 57(1)(g) GDPR, that calls for cooperation between EU data protection supervisors.

General Aspects

This Article has a precedence for practical application in the OECD Recommendation on Cross-border Co-operation in the Enforcement of Laws Protecting Privacy, promoted by the Canadian data protection authority, and that was followed by the creation of the Global Privacy Enforcement Network, a network of worldwide data protection regulators that cooperate across borders to enforce data protection and privacy laws. This Recommendation establishes a series of objectives that are similar to the ones laid by Article 50 GDPR.

In such a sense, Article 50 GDPR is divided in two different parts: letters a) and b) aim for cooperation with other authorities in law enforcement and related necessary activities, while letters c) and d) are meant for the exchange of knowledge, information and, general cooperation.

As Kuner remarks, this Article will be of special importance in light of Brexit, as undoubtedly new mechanisms for cooperation between the British data protection authority and UE data protection authorities will be necessary. This has already proven necessary in cases such as the one framed in a proceeding from the Spanish DPA regarding a controller established in the UK. The DPA was unable to settle a case after the British DPA, following Brexit, left the Internal Market Information System, aimed to be used by EU authorities for cooperation.

Law Enforcement

Article 50(a)(b) GDPR, seek to bolster cooperation to facilitate data protection and privacy law enforcement. This is done via the creation of international cooperation mechanisms and through the provision of assistance in the enforcement of such legislation, which includes notification, complaint referral, investigative assistance and information exchange. This shall be done with special attention to human rights; adequate measures to protect them shall be implemented.

Some of these mechanisms are further developed and used in practice by the Global Privacy Enforcement Network following the OECD Recommendation on Cross-border Co-operation in the Enforcement of Laws Protecting Privacy and Articles 13 to 17 from the 108 Convention and its 181 Protocol regarding supervisory authorities and transborder data flows.

Cooperation and Exchange of Knowledge

Obligations deriving from Article 50(c)(d) GDPR, encourage discussion and related activities aimed at furthering international cooperation in the enforcement of legislation for the protection of personal data, and encourage the exchange and documentation of personal data protection legislation and practice, including on jurisdictional conflicts with third countries.

Both practices seek the final aim of helping enforce data protection and privacy law internationally. However, they do not address it directly, as previous paragraphs, but through a better understanding between different authorities and a better understanding of the law from different jurisdictions, what will lead to more effective cooperation on law enforcing.

This cooperation has been happening for decades. Apart from the Global Privacy Enforcement Network, actors such as the Asia-Pacific Economic Cooperation (APEC) also play a role in international cooperation. For instance, together with the WP29, they have issued a referential to facilitate the use of binding corporate rules between the two organizations.

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Decisions

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