On 28 November 2017, the Article 29 Working Party (‘WP29’) published a working document updating its previous guidance on transfers of personal data to third countries (WP12), (‘WP29 Document’). WP29 has reviewed its earlier guidance in the context of the General Data Protection Regulation (‘GDPR’) and recent case law of the European Court of Justice (‘CJEU’).
The WP29 Document only deals with Chapter 1 of WP12 and focuses solely on adequacy decisions. Chapters 2 and 3 of WP12 will be updated at a later stage. The WP29 Document is currently open for consultation and comments should be submitted by 17 January 2018.
The updated guidance consists of four chapters, the key points of which are discussed below.