On 27 September 2023, the European Data Protection Board published on its website the draft version of its new Guidelines on data transfers subject to appropriate safeguards under the Law Enforcement Directive ("LED"). Specifically, these Guidelines aim to offer clarity on the legal standard for the appropriate safeguards to be applied by competent authorities under Article 37.1 (a) and (b) of the LED and, accordingly, on the relevant criteria for assessing the existence of such safeguards. The Guidelines will be subject to public consultation until 8 November 2023.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.