EDPB Guidelines on Article 48 GDPR

The European Data Protection Board (EDPB) has issued final Guidelines 02/2024 on Article 48 of the GDPR. These guidelines provide detailed interpretation and practical examples for determining when judgments and decisions of public authorities of third countries can be recognized and relied upon for international data transfers, particularly in the context of Article 44 onwards of the GDPR. The document addresses the conditions for recognition, the role of international agreements, and the assessment of the third country's legal framework.

Organizations involved in international data transfers must review these guidelines to ensure their practices align with the EDPB's interpretation of Article 48. This includes assessing any existing or potential reliance on third-country public authority decisions for data transfers. Compliance with these guidelines is crucial to avoid potential infringements of GDPR provisions related to international data transfers, which could lead to significant fines.