Adequacy decision

The Council and the European Parliament have given the Commission the power to determine, on the basis of Article 25(6) of Directive 95/46/EC 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 based on Article 25.6 of the Directive involves:

  • a proposal from the Commission;
  • an opinion by Member States’ data protection authorities and the EDPS (European Data Protection Supervisor), in the framework of the Article 29 Working Party ;
  • an approval from the “Article 31 Committee”, composed of representatives of Member States, under the comitology “examination procedure”;
  • the adoption of the decision by the College of Commissioners;
  • at any time, the European Parliament and the Council may request the Commission to maintain, amend or withdraw the adequacy decision on the grounds that its act exceeds the implementing powers provided for in the Directive

The effect of such a decision is that personal data can flow from the 28 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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