Regulatory framework and personal data protection: reflections and developments

The Data Privacy Framework has obtained approval from relevant authorities, including the European Data Protection Board (EDPB). The latter, however, opted to make some clarifications to the document. The regulatory framework introduced by the framework aims to guarantee the protection of personal data, placing the emphasis on the responsibility of organizations in guaranteeing this protection.

Green light from the EDPB, but with caveats

The EDPB gave its consent to the framework, however highlighted the need for further clarity on some points, such as the definition of low-risk data processing and the specific risks involved. The Committee also underlined the importance of considering the European dimension in the formulation of the guidelines, so that the latter are in line with the GDPR and can serve as an effective reference for all European organisations.

EDPB specific objections

In response to the request for approval of the Data Privacy Framework, the EDPB expressed some specific objections. These include the insufficient consideration of the principles of "data minimization" and "purpose limitation", as well as a wrong approach in risk assessment. The EDPB has also requested to better emphasize the role of the EDPB within the framework.

The future of the Data Privacy Framework

Despite the criticisms expressed, the EDPB has released substantially positive feedback on the Data Privacy Framework, highlighting the value that this could have in defining a coherent accountability structure for the protection of personal data. However, the Committee called for its observations to be incorporated into the document in order to further improve its effectiveness and consistency with the current EU regulatory framework. In light of this, the framework represents a significant starting point for better processing of personal data. However, its practical application will require further development and clarification, to ensure that its guidelines are effectively effective and fully in line with the GDPR.