Op-Ed: “The EDPB Adequacy referential for the Law Enforcement Directive: the quest for more clarity for personal data transfers in a law enforcement context continues” by Laura Drechsler
Despite becoming applicable nearly at the same time as the General Data Protection Regulation 679/2016 (‘GDPR’), the Law Enforcement Directive 680/2016 (‘LED’) has so far lived a shadowed existence. There was in particular a notable absence of any activity concerning it from national data protection authorities and the European Data Protection Board (‘EDPB’).
This finally changed last week. On 2 February 2021, the EDPB published its first guidance ever on the LED - ‘Recommendations 01/2021 on the adequacy referential under the Law Enforcement Directive’ (‘Recommendations 01/2021’). With the topic of adequacy, the EDPB chose a complex area for its first recommendation for the law enforcement sector – namely that of international pe