Brussels, 05 March - The European Data Protection Board (EDPB) has launched its Coordinated Enforcement Framework (CEF) action for 2025. Following a year-long coordinated action on the right of access in 2024, the CEF's focus this year will shift to the implementation of another data protection right, namely the right to erasure or the “right to be forgotten” (Art.17 GDPR).

The Board selected this topic during its October 2024 plenary as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals.
 

Next steps

During 2025, 32 Data Protection Authorities (DPAs) across Europe will take part in this initiative.

Participating DPAs will soon contact a number of controllers from different sectors across Europe, either by opening new formal investigations or doing fact-finding exercises. In the latter case, they might also decide to undertake additional follow-up actions if needed. 

DPAs will check how controllers handle and respond to the requests for erasure that they receive and, in particular, how they apply the conditions and exceptions for the exercise of this right. 

DPAs will also stay in close contact to share and discuss their findings throughout this year. The results of these national actions will be aggregated and analysed together to generate deeper insight into the topic, allowing for targeted follow-ups on both national and EU levels.
 

Background

The CEF is a key action of the EDPB under its 2024-2027 strategy, aimed at streamlining enforcement and cooperation among DPAs.
In the past three years, three previous CEF actions on different topics were carried out: 

1. the use of cloud-based services by the public sector,
2. the designation and position of Data Protection Officers, and
3. the implementation of the right of access by controllers.

For further information:

• AT DPA: Coordinated Enforcement Framework 2025 (CEF 2025) - EDSA
• DA DPA: EDPB igangsætter koordineret indsats om retten til sletning
• DE DPA (Baden-Wuerttemberg): Europaweite Aktion zum Recht auf Löschung
• DE DPA (Berlin):  PRESSEMITTEILUNG der Konferenz der unabhängigen Datenschutzaufsichtsbehörden des Bundes und der Länder vom 5. März 2025
• DE DPA (Brandenburg): Brandenburgische Datenschutzaufsicht beteiligt sich an europaweiter Prüfung zum Recht auf Löschung mit Schwerpunkt Wohnungsunternehmen
• ES DPA: La AEPD participa en una acción europea para analizar la aplicación del derecho de supresión
• EL DPA: Έναρξη συντονισμένης δράσης του ΕΣΠΔ 2025 σχετικά με το δικαίωμα διαγραφής
• FI DPA: Tietosuojavaltuutetun toimisto selvittää henkilötietojen poisto-oikeuden toteutumista osana EU:n laajuista toimenpidettä
• IE DPA: Launch of coordinated enforcement action on the right to erasure
• IT DPA: GDPR, il Garante italiano partecipa al CEF 2025 sul diritto alla cancellazione
• LI DPA: Europäische Initiative zum Recht auf Löschung
• SI DPA: Informacijski pooblaščenec bo v letu 2025 nadzoroval upoštevanje pravice do izbrisa

Brussels, 13 February - The EDPB published the Coordinated Supervision Committee's (CSC) biannual activity report (July 2022 - December 2024).

Over the last two years, the CSC worked on the integration of the large-scale EU information technology (IT) systems within its scope. During the reporting period, it took over the supervision of the upgraded Schengen Information System (SIS) and the Visa Information System (VIS).

In addition, the Committee prepared for the arrival of new systems and for the implementation of interoperability regulations.

The Committee has also published a set of recommendations on the Internal Market Information System (IMI) transparency obligations for data controllers.

In addition, in July 2023, the CSC published ‘Europol’s information systems - a guide for exercising data subjects’ rights: the right of access, rectification, erasure and restriction’.

Following the 2022 Audit Report of the EDPS on Europol’s processing of personal data of minors under 15 years old, provided to Europol by third countries and international organisations and marked as suspects, the CSC undertook a coordinated activity to analyse the input from several Member States.

During the past two years, the Committee also promoted dialogue and engagement with stakeholders, particularly with civil society.

Update: Brussels, 27 February - The CSC has also adopted its work programme 2025-2026. To ensure a continuous high level of protection of individuals’ rights, the Committee will dedicate closer attention to following topics:

• allocation of roles (controller, joint controller, processor) in the systems falling under the Justice and Home Affairs (JHA) interoperability framework
• streamlined cooperation when handling complaints (JHA interoperability framework and Europol, Eurojust, European Public Prosecutor’s Office).

CSC’s future work

Looking forward to the coming years, the CSC is ready to welcome more EU IT systems and EU bodies, offices or agencies within its scope. As the range of the CSC’s activities continues to expand, the Committee will keep its organisation and operation under constant review to ensure an effective and efficient supervision.

In addition, the CSC will continue to assist national data protection authorities (DPAs) in their work, by providing further clarification on the interpretation of EU and national laws. The Committee will also foster the exchange of information and best practices, and provide support for joint audits and coordinated inspections.

Taking advantage of its unique framework and broad perspective, the CSC will ensure the proper monitoring of multiple data flows among systems, transversal interactions and sharing of information between EU agencies and bodies. To this end, and to guarantee a high level of data protection, the Committee will keep developing coordinated supervisory activities.

Background

The CSC is a group of DPAs, which together ensure coordinated supervision of large scale IT systems, and of EU bodies, offices and agencies falling under its scope.

The CSC enjoys an autonomous functioning and positioning and it adopts its own rules of procedure and working methods. The Committee was established within the framework of the EDPB.
 

Brussels, 12 February - During its February 2025 plenary meeting, the European Data Protection Board (EDPB) adopted a statement on age assurance and decided to create a taskforce on AI enforcement. In addition, the Board also adopted recommendations on the 2027 World Anti-Doping Agency (WADA) World Anti-Doping Code.

In a statement on age assurance, the EDPB lists ten principles for the compliant processing of personal data when determining the age or age range of an individual. The statement aims to ensure a consistent European approach to age assurance, to protect minors while complying with data protection principles. 

EDPB Chair Anu Talus said: “Age assurance is essential to ensure that children do not access content that is not appropriate for their age.  At the same time, the method to verify age must be the least intrusive possible and the personal data of children must be protected. The principles put forward by the EDPB will help the industry to assess an individual’s age in a way that is compliant with data protection principles, while protecting children’s wellbeing.”

The EDPB is also cooperating with the European Commission on age verification in the context of the Digital Services Act (DSA) working group.

During the plenary, the Board also decided to extend the scope of the ChatGPT task force to AI enforcement. In addition, the EDPB members underlined the need to coordinate DPAs' actions regarding urgent sensitive matters and for that purpose will set up a quick response team. 

EDPB Chair Anu Talus said: “The GDPR is a legal framework that promotes responsible innovation. The GDPR has been designed to maintain high data protection standards while fully leveraging the potential of innovation, such as AI, to benefit our economy. The EDPB’s task force on AI enforcement and the future quick response team will play a crucial role in ensuring this balance, coordinating the DPAs' actions and supporting them in navigating the complexities of AI while upholding strong data protection principles.”

During the plenary, the EDPB also adopted recommendations on the 2027 WADA World Anti-Doping Code. When processing personal data for anti-doping purposes, it is essential to respect and safeguard the personal data of athletes. In many cases, this will involve the processing of sensitive personal data, such as health data derived from biological samples.

The EDPB’s main objective is to assess the compatibility of the WADA Anti-doping Code and International Standard for Data Protection (ISDP) with the GDPR. The Anti-doping Code and Standards should hold the National Anti-Doping Organisations (NADOS) subject to a standard equivalent to that of the GDPR when processing personal data for anti-doping purposes. 
The EDPB’s recommendations address key principles of data protection, such as the need for an appropriate legal basis for the processing of personal data and purpose limitation. The recommendations also address the fact that individuals need to be fully informed about the processing of their personal data and can effectively exercise their rights.

Note to editors:
The recommendations on the 2027 World Anti-Doping Agency (WADA) World Anti-Doping Code, adopted during the EDPB Plenary, are subject to the necessary legal, linguistic and formatting checks and will be made available on the EDPB website once the process has been completed.
 

If someone asked you to answer 100 questions about your personal life to sell the answers, would you agree? Most likely not.

It can be difficult  to keep in control over your personal data and to keep it safe. From online shopping and browsing to social media, with every click, share and login-in you leave behind a digital trail. The GDPR ensures that your data can only be used in ways you agree to and that you can access any information about yourself.

But do people actually know how to protect their data? 
We asked passers-by on the streets of Brussels.

Happy Data Protection Day!

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Brussels, 20 January - The European Data Protection Board (EDPB) has adopted a report on the implementation of the right of access by controllers. The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the Coordinated Enforcement Framework (CEF). It lists the issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. A central element is controllers’ awareness of the EDPB Guidelines 01/2022 on data subjects rights – Right of access and whether these guidelines were followed in practice.

EDPB Deputy Chair Zdravko Vukíc said: “The CEF is a valuable initiative that helps strengthen the cooperation among Data Protection Authorities (DPAs): by tackling selected topics in a coordinated fashion, they achieve greater efficiency and more consistency. How controllers implement the right of access lies at the heart of data protection and it is one of the most frequently exercised data subject rights.”

Throughout 2024, 30 DPAs across Europe launched coordinated investigations into the compliance of controllers with the right of access, by opening formal investigations, assessing whether a formal investigation was warranted and/or carrying out fact-finding exercises.  A total of 1,185 controllers, consisting of small and medium-sized enterprises (SMEs) and big companies active in different industries and fields, as well as various types of public entities, responded to the action.

Areas of improvement and main challenges

The results suggest that more awareness raising about Guidelines 01/2022 is necessary, both at national and EU level, as the guidelines help controllers implement the right of access, explain how exercising this right can be made easier, and list the exceptions and limitations of the right to access.

As a result of the 2024 CEF action, seven challenges were identified. One of them is the lack of documented internal procedures to handle access requests. In addition, inconsistent and excessive interpretations of the limits to the right of access were also observed, such as overly relying on certain exceptions to automatically refuse access requests. Another example is the barriers that individuals could encounter when exercising their right of access, such as  formal requirements or being requested to provide excessive identification documents. For each challenge identified, the report provides a list of non-binding recommendations to be taken into account by controllers and DPAs.

Positive findings

Despite the existing challenges, two thirds of participating DPAs evaluated the level of compliance of responding controllers with respect to the right of access from ‘average’ to ‘high’. One important factor identified as having an impact on the level of compliance was the volume of access requests received by controllers, as well as the size of the organisation. More specifically, large-sized controllers or controllers receiving more requests were more likely to reach a higher level of compliance than small organisations with less resources.

Positive findings were observed across Europe. These include the implementation of best practices by controllers, such as user-friendly online forms enabling individuals to submit an access request easily as well as self-service systems to allow individuals to autonomously download their personal data in a few clicks and at any time.

Background and next steps

The CEF is a key action of the EDPB under its 2024-2027 Strategy, aimed at streamlining enforcement and cooperation among DPAs. 
In the past three years, two previous CEF actions were carried out.

The results of these national actions are aggregated and analysed together to generate deeper insight into the topic and allowing for targeted follow-up on both national and EU level.

In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector.
In 2024, the EDPB also published the report on the outcome of the second coordinated action on the designation and position of Data Protection Officers.

The CEF 2025 action will be on the implementation of the right to erasure.
 

For further information:

• AT DPA: Schwerpunktprüfung 2024: Datenschutzbehörde zieht positive Bilanz für den Telekomsektor
• CS DPA: EDPB přijal závěrečnou zprávu ke společné kontrolní akci CEF 2024
• DA DPA:DPB vedtager rapport om dataansvarliges overholdelse af indsigtsretten
• DE DPA (Brandenburg): Brandenburgische Datenschutzbeauftragte beteiligte sich an europaweiter Prüfaktion zur Umsetzung des Auskunftsrechts
• DE DPAs (DSK): Pressemitteilung der Konferenz der unabhängigen Datenschutzaufsichtsbehörden des Bundes und der Länder vom 22. Januar 2025
• EDPS: Coordinated Enforcement Action: EDPS findings highlight challenges on right of access to personal data
• EL DPA: Υλοποίηση της 3ης συντονισμένης δράσης του Ευρωπαϊκού Συμβουλίου Προστασίας Δεδομένων για το δικαίωμα πρόσβασης
• ES DPA: Resultados de la acción europea que ha analizado la atención del ejercicio del derecho de acceso por parte de los responsables 
• FI DPA: Raportti omien henkilötietojen tarkastusoikeutta koskevasta selvityksestä on julkaistu – täydensimme ohjeistusta verkkosivuillamme 
• FR DPA: Droit d’accès : bilan des contrôles de la CNIL dans le cadre d’une action coordonnée européenne
• HU DPA: Közlemény az Európai Adatvédelmi Testület által a 2024. évre prioritásként meghatározott, a hozzáférési jog érvényesítésére fókuszáló összehangolt intézkedés eredményéről 
• IE DPA: DPC welcomes publication of the European Data Protection Board’s report on the implementation of the right of access by controllers and DPC national report findings under the Coordinated Enforcement Framework for 2024
• LU DPA: Le droit d’accès en pratique : observations et recommandations du cadre d’action coordonnée européen (FR), The right of access in practice: observations and recommendations from the European Coordinated Enforcement Framework (EN), Das Auskunftsrecht in der Praxis: Beobachtungen und Empfehlungen des koordinierten Durchsetzungsrahmen (CEF) (DE)
• MT DPA: CEF 2024: IDPC Report on Coordinated Enforcement Action 2024 on Right of Access
• SI DPA: Ali ustrezno obravnavate zahteve za dostop do lastnih osebnih podatkov? Poročilo usklajene akcije EOVP
• PT DPA: Comité Europeu emite recomendações para simplificar o direito de acesso aos dados

Brussels, 17 January - During its January 2025 plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on pseudonymisation, as well as a statement on the interplay of competition law and data protection.

EDPB clarifies the use of pseudonymisation for GDPR compliance

The GDPR introduces the term ‘pseudonymisation’* and refers to it as a safeguard that may be appropriate and effective to meet data protection obligations. In its guidelines, the EDPB clarifies the definition and applicability of pseudonymisation and pseudonymised data, and the advantages of pseudonymisation.

The guidelines provide two important legal clarifications:

1. Pseudonymised data, which could be attributed to an individual by the use of additional information, remains information related to an identifiable natural person and is therefore still personal data. Indeed, if the data can be linked back to an individual by the data controller or someone else, it remains personal data.
    
2. Pseudonymisation can reduce risks and make it easier to use legitimate interests as a legal basis (Art. 6(1)(f)  GDPR), as long as all other GDPR requirements are met. Likewise, pseudonymisation can aid in securing compatibility with the original purpose (Art. 6(4) GDPR).

The guidelines also explain how pseudonymisation can help organisations meet their obligations relating to the implementation of data protection principles (Art. 5 GDPR), data protection by design and default (Art. 25 GDPR) and security (Art. 32 GDPR).

Finally, the guidelines analyse technical measures and safeguards, when using pseudonymisation, to ensure confidentiality and prevent unauthorised identification of individuals.

The guidelines will be subject to public consultation until 28 February 2025, providing stakeholders with the opportunity to comment and allowing for the incorporation of future developments in case law.

Interplay between data protection law and competition law: the EDPB’s take on how to improve cooperation between regulators

During the plenary meeting, the EDPB also adopted a position paper on the interplay between data protection law and competition law.

The CJEU Meta vs. Bundeskartellamt ruling of 4 July 2023 clearly indicated that data protection and competition authorities are required to work together, in some cases, to achieve effective and coordinated enforcement of data protection and competition law. While these are separate areas of law pursuing different goals in different frameworks, they may in some cases apply to the same entities. It is therefore important to assess situations where the laws may intersect.

In this position paper, the EDPB explains how data protection and competition law interact. It suggests steps for incorporating market and competition factors into data protection practices and for data protection rules to be considered in competition assessments. It also provides recommendations for improving cooperation between regulators. For example: authorities should consider creating a single point of contact to manage coordination with other regulators.

EDPB Deputy Chair Zdravko Vukíc said: “As business models evolve, the need to protect personal data is becoming increasingly central. The EDPB promotes coherence among separate but interacting areas of regulation, to ensure the best possible protection of individuals. To this end, we will continue to work together with Competition Authorities to strengthen the ability of Data Protection Authorities (DPAs) to take into account the economic context, and the ability of Competition Authorities to incorporate data protection considerations in their assessments and decisions.”

Note to editors:

*’ Pseudonymisation’ is defined in Art. 4 (5) GDPR as “the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person.”

Brussels, 18 December - The European Data Protection Board (EDPB) has adopted an opinion* on the use of personal data for the development and deployment of AI models. This opinion looks at 1) when and how AI models can be considered anonymous, 2) whether and how legitimate interest can be used as a legal basis for developing or using AI models, and 3) what happens if an AI model is developed using personal data that was processed unlawfully. It also considers the use of first and third party data.

The opinion was requested by the Irish Data Protection Authority (DPA) with a view to seeking Europe-wide regulatory harmonisation. To gather input for this opinion, which deals with fast-moving technologies that have an important impact on society, the EDPB organised a stakeholders’ event and had an exchange with the EU AI Office.

EDPB Chair Talus said: “AI technologies may bring many opportunities and benefits to different industries and areas of life. We need to ensure these innovations are done ethically, safely, and in a way that benefits everyone. The EDPB wants to support responsible AI innovation by ensuring personal data are protected and in full respect of the General Data Protection Regulation (GDPR).”

Regarding anonymity, the opinion says that whether an AI model is anonymous should be assessed  on a case by case basis by the DPAs. For a model to be anonymous, it should be very unlikely (1) to directly or indirectly identify individuals whose data was used to create the model, and (2) to extract such personal data from the model through queries. The opinion provides a non-prescriptive and non-exhaustive list of methods to demonstrate anonymity.

With respect to legitimate interest, the opinion provides general considerations that DPAs should take into account when they assess if legitimate interest is an appropriate legal basis for processing personal data for the development and the deployment of AI models.

A three-step test helps assess the use of legitimate interest as a legal basis. The EDPB gives the examples of a conversational agent to assist users, and the use of AI to improve cybersecurity. These services can be beneficial for individuals and can rely on legitimate interest as a legal basis, but only if the processing is shown to be strictly necessary and the balancing of rights is respected.

The opinion also includes a number of criteria to help DPAs assess if individuals may reasonably expect certain uses of their personal data. These criteria include: whether or not the personal data was publicly available, the nature of the relationship between the individual and the controller, the nature of the service, the context in which the personal data was collected, the source from which the data was collected, the potential further uses of the model, and whether individuals are actually aware that their personal data is online.

If the balancing test shows that the processing should not take place because of the negative impact on individuals, mitigating measures may limit this negative impact. The opinion includes a non-exhaustive list of examples of such mitigating measures, which can be technical in nature, or make it easier for individuals to exercise their rights or increase transparency.

Finally, when an AI model was developed with unlawfully processed personal data, this could have an impact on the lawfulness of its deployment, unless the model has been duly anonymised.

Considering the scope of the request from the Irish DPA, the vast diversity of AI models and their rapid evolution, the opinion aims to give guidance on various elements that can be used for conducting a case by case analysis.

In addition, the EDPB is currently developing guidelines covering more specific questions, such as web scraping.

Note to editors:
*An Article 64(2) opinion addresses a matter of general application or produces effects in more than one Member State.

Brussels, 04 December - During its December 2024 plenary, the European Data Protection Board (EDPB) adopted a statement on the second report of the European Commission on the application of the General Data Protection Regulation (GDPR).*

In its statement, the EDPB welcomes the reports from the European Commission and the Fundamental Rights Agency**. Importantly, the EDPB underlines the importance of legal certainty and coherence of digital legislation with the GDPR, and recalls some of its ongoing initiatives to clarify the enforcement interplay of the GDPR with the AI Act, the EU Data Strategy and the Digital Services Package.

In addition, the EDPB announces it will step up the production of content for non-experts, small and medium-sized enterprises (SMEs) and other groups.

Finally, the Board highlights the genuine need for additional financial and human resources to help  DPAs and the EDPB deal with increasingly complex challenges and additional competences.

Note to editors

* In July 2024, the European Commission published its second report on the application of the GDPR, adopted under Art. 97 GDPR.

** In June 2024, the Fundamental Rights Agency (FRA) published a report on the experiences of DPAs when implementing the GDPR. The findings  of this report complement the European Commission's evaluation of the GDPR.
 

Brussels, 03 December - During its latest plenary, the European Data Protection Board (EDPB) published guidelines on Art.48 GDPR about data transfers to third country authorities and  approved a new European Data Protection Seal.

EDPB helps organisations assess data transfer requests by third country authorities

In a highly interconnected world, organisations receive requests from public authorities in other countries to share personal data. The sharing of data can, for instance, be of help to collect evidence in the case of crime, to check financial transactions or approve new medications.

When a European organisation receives a request for a transfer of data from a ‘third country’ (i.e. non-European countries) authority, it must comply with the General Data Protection Regulation (GDPR). In its guidelines, the EDPB zooms in on Art. 48 GDPR and clarifies how organisations can best assess under which conditions they can lawfully respond to such requests. In this way, the guidelines help organisations to make a decision on whether they can lawfully transfer personal data to third country authorities when asked to do so.

Judgements or decisions from third countries authorities cannot automatically be recognised or enforced in Europe. If an organisation replies to a request for personal data from a third country authority, this data flow constitutes a transfer and the GDPR applies. An international agreement may provide for both a legal basis and a ground for transfer. In case there is no international agreement, or if the agreement does not provide for an appropriate legal basis or safeguards, other legal bases or other grounds for transfer could be considered, in exceptional circumstances and on a case by case basis.*

The guidelines are subject to public consultation until 27 January 2025.

Approval of EU Data Protection Seal

During the plenary meeting, the Board also adopted an opinion approving the Brand Compliance certification criteria concerning processing activities by controllers or processors. In September 2023, the Board already adopted an opinion on the approval of the Brand Compliance national certification criteria, making them officially recognised certification criteria in the Netherlands for data processing by organisations. The approval of the new opinion means that these criteria will now be applicable across Europe and as a European Data Protection Seal.

GDPR certification helps organisations demonstrate their compliance with data protection law. This transparency helps people trust the product, service, process or system for which organisations process their personal data.

Note to editors:

* The transfer must comply with Art.6 GDPR and the provisions of Chapter V.

An international agreement may provide for both a legal basis under Art. 6(1) (c) or 6(1) (e) GDPR and a ground for transfer under Art. 46(2) (a) GDPR.