Role of the Article 93 GDPR Committee in the Adequacy Findings

Abstract

The paper discusses the committee procedure (comitology) in the EU personal data protection law. The so-called Article 93 Committee has the task of controlling European Commission’s legislative activities in this area, including draft implementing decisions on an adequate protection of personal data by a third country. For over twenty years of application of the EU data protection laws, the actions of the Committee and its predecessor – Article 31 Committee, despite their significance for personal data protection in the EU, did not draw much attention and still lack transparency. Discussions regarding fundamental rights, the conclusions of which directly affect the EU data protection framework, should be carried out as transparently as possible, with wider participation of experts in the field of personal data protection.