Preparations for Article 97 GDPR Commission report

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Article 97 GDPR calls for the European Commission by May 25th of next year (and every four years after) to submit an evaluation and review report on the GDPR. In light of this review, Member States have prepared a number of comments in “Preparation of the Council position on the evaluation and review of the General Data Protection Regulation” which can be read here.

Article 97 GDPR

“1.   By 25 May 2020 and every four years thereafter, the Commission shall submit a report on the evaluation and review of this Regulation to the European Parliament and to the Council. The reports shall be made public.

2.   In the context of the evaluations and reviews referred to in paragraph 1, the Commission shall examine, in particular, the application and functioning of:

a. Chapter V on the transfer of personal data to third countries or international organisations with particular regard to decisions adopted pursuant to Article 45(3) of this Regulation and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC;

b. Chapter VII on cooperation and consistency.

3.   For the purpose of paragraph 1, the Commission may request information from Member States and supervisory authorities.

4.   In carrying out the evaluations and reviews referred to in paragraphs 1 and 2, the Commission shall take into account the positions and findings of the European Parliament, of the Council, and of other relevant bodies or sources.

5.   The Commission shall, if necessary, submit appropriate proposals to amend this Regulation, in particular taking into account of developments in information technology and in the light of the state of progress in the information society.”

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