CIPP-E · Question #265
Which institution has the power to adopt findings that confirm the adequacy of the data protection level in a non-EU country?
The correct answer is B. The European Commission. According to Article 45 of the GDPR, the European Commission has the power to determine, on the basis of an assessment, whether a non-EU country, a territory or a sector within that country, or an international organisation ensures an adequate level of data protection. This…
Question
Which institution has the power to adopt findings that confirm the adequacy of the data protection level in a non-EU country?
Options
- AThe European Parliament
- BThe European Commission
- CThe Article 29 Working Party
- DThe European Council
How the community answered
(37 responses)- A5% (2)
- B89% (33)
- C3% (1)
- D3% (1)
Explanation
According to Article 45 of the GDPR, the European Commission has the power to determine, on the basis of an assessment, whether a non-EU country, a territory or a sector within that country, or an international organisation ensures an adequate level of data protection. This means that the data protection rules and standards in that country or organisation are equivalent to those in the EU. The effect of an adequacy decision is that personal data can flow freely from the EU to that country or organisation without any further safeguards or authorisations. The European Commission has adopted adequacy decisions for several countries and organisations, such as Japan, Canada, and the EU-US Data Privacy Framework.
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