This report intends to identify potential problems in the application of the GDPR, in particular as regards the issue of international transfer of personal data to third countries and existing adequacy decisions (Chapter V) as well as the cooperation and consistency mechanism between national data protection authorities (Chapter VII).
French companies substantially ask for:
- an evolution of the approach on data transfer towards more liberalisation, given the growing convergence of personal data protection regimes;
- being able, in any case, to rely more on adequacy decisions rather than using by default alternative instruments (binding corporate rules and above all standard data protection clauses) and therefore for an increase in the number of adequacy decisions and the acceleration of their adoption procedures;
- to do this, a clarification of the criteria on which the European Commission takes adequacy decisions, with a priority notably given to the countries with which free trade agreements are negotiated and the countries with the closest legal architecture;
- strengthening reciprocity in data exchanges by using free trade agreements as leverage, and including it as an explicit and mandatory criterion for the adoption of adequacy decisions;
- better coordination of national authorities for the implementation of this regulation;
- greater harmonisation of practices and interpretations;
- an update of some provisions