Guidelines 2/2020 on articles 46 (2) (a) and 46 (3) (b) of Regulation 2016/679 for transfers of personal data between EEA and non-EEA public authorities and bodies

SECTION 4  PROCEDURAL QUESTIONS

73. Administrative arrangements established under Article 46 (3) (b) GDPR will be examined on a case-by-case basis due to the requirements for an authorisation by the competent SA which, according to Article 46 (4) GDPR shall apply the consistency mechanism referred to in Article 63 GDPR. When integrating alternative redress mechanisms in binding and enforceable instruments pursuant to Article 46 (2) (a) GDPR, the EDPB recommends also seeking advice from the competent SA. The EDPB strongly advises to consult the competent SA at an early stage.

For the European Data Protection Board

The Chair

(Andrea Jelinek)