28 September 2023
Opinion 16/2023
252.45 KB
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This opinion provides guidance on [Briefly describe the topic or area being addressed in the document]. The opinion states that [Main point or key conclusion drawn from the document]. Additionally, it highlights [any notable or relevant points] and provides [any specific examples or cases] to illustrate its points. Overall, the opinion aims to [briefly describe the purpose or intent behind the document].
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Document Detail
Title: Opinion 16/2023
Date: 28 September 2023
File Size: 252.45 KB
Summary
The EU’s European Data Protection Board (EDPB) has issued an opinion on the consistency mechanism under the General Data Protection Regulation (GDPR). Opinion 16/2023 provides guidance on the functioning of the consistency mechanism, which is intended to ensure cooperation and consistency among the data protection authorities (DPAs) of the EU member states.
Key Points
The opinion highlights the importance of the consistency mechanism in facilitating cooperation and consistency among the DPAs, particularly in cases where a data subject’s rights and freedoms are at risk. The EDPB emphasizes that the mechanism is not only important for ensuring consistency in decision-making but also for facilitating the exchange of information and best practices among the DPAs.
The opinion discusses the different scenarios in which the consistency mechanism may be triggered, including:
1. Homologation: The EDPB provides guidance on the homologation process, which involves reviewing and approving a DPA’s decision in a specific case. The EDPB emphasizes that homologation is not a mere formality but rather a formalized process that ensures consistency across the EU.
2. Consistency assessment: The opinion discusses the consistency assessment process, which involves reviewing a DPA’s decision to determine whether it is consistent with EU law and the GDPR. The EDPB provides guidance on the factors to be considered in the assessment, including the proportionality of the measures taken by the DPA.
3. Negotiation and compromise: The opinion highlights the importance of negotiation and compromise in the consistency mechanism. The EDPB emphasizes that DPAs should engage in a constructive dialogue to find a mutually acceptable solution, rather than relying on formal dispute resolution mechanisms.
Conclusion
Opinion 16/2023 provides valuable guidance on the consistency mechanism under the GDPR, highlighting the importance of cooperation and consistency among the DPAs. The opinion underscores the need for DPAs to engage in constructive dialogue and negotiation to find mutually acceptable solutions. The opinion is expected to have a significant impact on the data protection landscape in the EU and will be closely monitored by data protection authorities, organizations, and individuals.
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