Response to the European Data Protection Board Consultation on the Guidelines 05/2021 on the interplay between Article 3 and the provisions on international transfers as per Chapter V of the GDPR

MedTech Europe has replied to a recent public consultation (available here) by the European Data Protection Board (EDPB) on the draft Guidelines 05/2021 on the Interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the General Data Protection Regulation (GDPR). The Guidelines aim to clarify the interplay between Article 3 and the provisions of the GDPR on international transfers in Chapter V. It should assist controllers and processors in identifying whether a processing activity constitutes a transfer to a third country or an international organisation and, as a result, whether they have to comply with the provisions of Chapter V of the GDPR.

In the consultation response, MedTech Europe is seeking additional clarification regarding the scope of the Guidelines like whether a transfer of personal data may be carried out by an exporter located in the EU or outside of the EU, the faith of onward transfers, as well as what companies should do while waiting for European Commission’s decision about international data transfers falling outside the scope of the latest Standard Contractual Clauses.