In a Parliament debate today, the S&D Group called on the Commission to ensure full compliance with data protection rules at all times and ensure that any data transfers outside the EU are legally watertight.

Following successive EU court rulings rendering data transfers with the US invalid, S&D MEPs are seeking reassurances in a Parliament report on the ‘Schrems II case’ that the EU fully complies with all GDPR rules when negotiating any new data transfer agreement with the United States and other non-EU countries.

In a separate report, S&D members are leading a progressive majority calling on the Commission to amend its decisions until it is clear the UK’s laws are consistent with EU rules on data protection.

Juan Fernando López Aguilar, S&D chair of the LIBE committee and rapporteur for data protection adequacy, said:

“The Commission must not repeat the same mistakes by negotiating and signing off on data transfer agreements with third countries, including the United States and the United Kingdom. We do not want to witness a ‘Schrems III’ case so it is crucial the Commission gets it right this time. As our report outlines, we have very serious concerns about the UK’s data protection legislation and practices. We want the Commission to come forward with a plan to make sure any data transfers with the UK are trustworthy and legally sound. This is not about blocking or disrupting data transfers between the EU and the UK. However, we do have a responsibility to uphold data protection standards and restore trust and stability in how personal data of EU citizens is treated beyond our borders.”

Marina Kaljurand, S&D negotiator on data protection adequacy, said:

“These resolutions aim to ensure that the mistakes of the past are not repeated and that future adequacy decisions will withstand Court scrutiny. In the UK, while the legal framework is similar to that of the EU, there are a number of concerns regarding its implementation, notably mass data collection and retention, and exemptions in the fields of national security and immigration, which now also apply to EU citizens wishing to stay or settle in the UK. It is important that we make clear that any future agreement should be fully consistent with Union and case law to ensure that there can be proper data protection for citizens and legal certainty for businesses.”

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