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EDPB gives recommendations to make online shopping more respectful of users’ privacy, discusses the Digital Omnibus proposal and appoints new Deputy Chair

3 hours 25 minutes ago

Brussels, 4 December - During its latest plenary, the EDPB adopted recommendations on the legal basis for requiring the creation of user accounts on e-commerce websites. In addition, the Board had a preliminary discussion on the Digital Omnibus proposal and appointed the new EDPB Deputy Chair.

Internet users visit e-commerce websites for a variety of reasons, including making online purchases, taking advantage of promotions, or simply browsing products. When interacting with these websites, they may be asked to create an account, which can result in the collection and processing of personal data, as well as increased privacy and security risks.

The EDPB adopted recommendations to clarify when e-commerce websites can require their users to create an account.

As a general rule, users should have the option to engage with e-commerce websites, including the ability to make purchases, without creating an account. In such cases, the EDPB recommends that e-commerce websites offer a choice: either a 'guest' mode, allowing users make purchases without creating an account, or the option to voluntarily create an account. This approach minimises the collection and processing of personal data, and therefore aligns with the GDPR's principle of data protection by design and by default. 

However, mandatory account creation can be justified in a limited number of cases, including for example, offering a subscription service or providing access to exclusive offers.

The recommendations highlight the EDPB's efforts to promote pragmatic, user-friendly and privacy-protective practices in the e-commerce sector.

The recommendations are subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback.

 

Preliminary discussion on the Digital Omnibus proposal

The EDPB had a preliminary discussion on the proposal for a Digital Omnibus, on which the EDPB and EDPS will issue a Joint Opinion.

In its Helsinki Statement, the EDPB made proposals in order to achieve enhanced clarity, support and engagement. The EDPB and the EDPS welcome the discussion on effective digital regulation and remain committed to finding solutions to make GDPR compliance easier, especially for small organisations.

The EDPB and the EDPS will focus on how the European Commission’s proposal will impact the fundamental rights of individuals and whether it will lead to simplification for organisations and more legal certainty.

While numerous points need to be analysed, at this stage, the EDPB and the EDPS can already underline that the proposed modification of the definition of personal data seems to go further than the recent CJEU case law, and beyond a targeted modification of the GDPR, which may risk to adversely affect the fundamental right to data protection.

The EDPB recalls its upcoming public stakeholder event on this topic on 12 December 2025 and underlines that the implementation of the CJEU case law through guidelines taking into account stakeholders' input ensures greater certainty.

 

Jelena Virant Burnik elected new Deputy Chair of the EDPB

At this week’s plenary, the members of the EDPB appointed Jelena Virant Burnik, Information Commissioner of the Republic of Slovenia, as new Deputy Chair of the Board.

“I am honoured to have been elected as Deputy Chair of the EDPB. I am pleased to have the opportunity to help strengthen the role of the EDPB as a central authority in EU data protection.  I am committed to fostering cooperation among national Data Protection Authorities and providing a forum for their open discussions that help align the understanding and enforcement of the GDPR provisions.

In the ever-developing landscape of digital regulation, the EDPB must remain a regulator that understands the complex interplay of legislation and contributes productively to the discussions at European level. “

EDPB Deputy Chair, Jelena Virant Burnik

“Over the past years, the landscape in which we operate has fundamentally shifted, reshaping the EDPB’s role in Europe’s digital future. In this dynamic environment, the new EDPB Deputy Chair faces exciting challenges ahead. I am confident that the EDPB will greatly benefit from her expertise and dedication.

I look forward to collaborating with Jelena Virant Burnik to advance the EDPB’s shared mission: fostering innovation while safeguarding individuals’ fundamental rights."

EDPB Chair, Anu Talus

Over the coming years, Jelena Virant Burnik, will work closely with EDPB Chair Anu Talus and fellow Deputy Chair Zdravko Vukić to ensure the consistent application of EU data protection rules and promote effective cooperation among Data Protection Authorities across Europe.

EDPB

Strengthening data protection worldwide: EDPB meets with the countries and organisation with an adequacy decision

1 day 3 hours ago

Brussels, 3 December - As part of its December’s plenary meeting, the European Data Protection Board (EDPB) held yesterday an online meeting with Commissioners and representatives of Data Protection Authorities (DPAs) from the countries and the organisation with an EU adequacy decision. This meeting marked the second of its kind, following the first gathering in October 2024.

An adequacy decision is a key-mechanism in EU data protection legislation which allows free flow of personal data from Europe to third countries or an international organisation offering an adequate level of data protection.* To date, the following countries and organisation benefit from this:  Andorra, Argentina, Canada, Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, United Kingdom, Uruguay, United States, and the European Patent Organisation. Data Protection Authorities from those countries and the European Patent Organisation are key partners for the EDPB, playing a key role in our joint efforts to strengthen data protection worldwide.

Strengthening multilateral cooperation

The Board organised a first meeting in October 2024 with Data Protection Authorities from the fifteen countries with an EU adequacy decision.

Following that meeting, the EDPB and the Data Protection Authorities from the countries and the organisation with an EU adequacy decision strengthened their cooperation by sharing information on some advisory works and gathering experiences on international data protection enforcement cooperation.

“Our first joint meeting in October 2024 paved the way for a stronger cooperation and valuable knowledge and experience sharing on data protection.

The high level of engagement shown in this second meeting by the EDPB and the Data Protection Authorities from the countries and the international organisation for which the EU adopted an adequacy decision is a clear sign of our commitment to continue working together in this shared direction.”

EDPB Chair, Anu Talus

Yesterday’s meeting was an opportunity for all participants to share views on past activities and updates on the next enforcement and advisory priorities.

 

Note to editors

The European Commission has the power to determine, on the basis of Art. 45 of Regulation (EU) 2016/679 whether a country outside the EU offers an adequate level of data protection.

The adoption of an adequacy decision involves: 1) a proposal from the European Commission; 2) an opinion of the European Data Protection Board; 3) approval from representatives of EU countries; 4) adoption of the decision by the European Commission.

EDPB

Support the EDPB’s work as an expert

6 days 3 hours ago

Brussels, 28 November - The EDPB launched a call for expression of interest to establish a new reserve list for the Support Pool of Experts (SPE) programme. The objective is set up a reserve list of legal and technical experts.

The legal expertise sought includes a wide range of fields, such as data protection, policy monitoring, technology, cybersecurity, competition, healthcare, online intermediary services and content moderation.

As for the technical expertise, the relevant areas include IT auditing, website security, mobile OS and apps, Internet of Things, cloud-computing, behavioural advertising, anonymisation techniques, cryptology, artificial intelligence, User experience (UX) design, fintech, data science, social science (incl. economics, sociology, psychology), and development of applications and software.

Bring your expertise to the table

Don’t miss this opportunity to participate in this EDPB’s key strategic initiative. Your work will help Data Protection Authorities (DPAs) across Europe increase their capacity to supervise and enforce data protection rules and strengthen the protection of individuals’ fundamental rights.

In 2022, the EDPB issued a call for expression of interest, which led to the establishment of a first SPE reserve list. As this list is set to expire in February 2026, the EDPB is inviting experts who were included in this first SPE reserve list to submit their application in response to the new call for expression of interest.

The call will be open until August 2030.

Learn how to submit your application.

Apply now


Background

The SPE was developed as part of the EDPB Strategy 2021-2023 to help DPAs increase their enforcement capacity by developing common tools and giving them access to a wide pool of experts.  

The EDPB aims to carry out approximately ten projects per year with pre-eminent external experts in a given field.  Projects are coordinated either by individual DPAs or by the EDPB.

More information on the SPE and on completed project is available here
 

EDPB

Read our Newsletter 116!

1 week 2 days ago
Read our Newsletter 116! miriam Tue, 11/25/2025 - 15:34 Wed, 11/26/2025 - 12:00

We are back and there is a lot to catch up on! Read on for events to register for; new EDPS publications and Opinions on AI and transatlantic data sharing; reflections on events on cross-border data protection, privacy tech and the AI Act; news on EDPS oversight of EU border systems; an update on a key court judgement; and more.

1 Read Newsletter
European Data Protection Supervisor

TechSonar Report 2025

1 week 2 days ago
TechSonar Report 2025 lisa Tue, 11/25/2025 - 10:02 Tue, 11/25/2025 - 12:00

The TechSonar report 2025-2026 explores six trends: agentic AI, AI companions, automated proctoring, AI-driven personalised learning, coding assistants and confidential computing.

1 Read more
European Data Protection Supervisor

Data Protection Day 2026: Reset or refine?

2 weeks ago
Data Protection Day 2026: Reset or refine? miriam Thu, 11/20/2025 - 15:24 Fri, 11/21/2025 - 12:00

Data Protection Day (28 January) celebrates the signing of Convention 108, the first legally binding treaty protecting privacy in the digital age. To mark the occasion, the Council of Europe (CoE) and the European Data Protection Supervisor (EDPS) are co-organising a one-day event focused on new frontiers in data protection. The conference will explore the challenges and opportunities that arise when innovation and emerging technologies intersect with privacy risks and the regulatory framework.

  • When: 28 January 2026
  • Where: European Commission’s Charlemagne, Brussels
  • Format: In person and remotely

More information

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European Data Protection Supervisor

Stakeholder event on anonymisation and pseudonymisation: express your interest

2 weeks 3 days ago

Brussels, 17 November - The EDPB organises a remote event to collect  stakeholders’ input on anonymisation and pseudonymisation on implications of the judgement of the Court of Justice of the European Union (CJEU) in EDPS v Single Resolution Board (SRB). The event will take place on 12 December 2025 (time to be confirmed).

This will be an opportunity to inform and support the EDPB’s ongoing work on these topics as per its work programme 2024-2025 and it reflects the EDPB’s commitment to stakeholder engagement, as outlined in the recent Helsinki statement.  

Who can participate?

Individuals representing sector associations, organisations or NGOs and individual companies, law firms or academics are invited to express their interest to participate in this event (one participant per organisation). The EDPB encourages all organisations interested in this matter to delegate a representative with technical knowledge of these topics.

As a general rule, participants will be registered on a first-come first-served basis. Nonetheless, the EDPB reserves the right to give precedence to specific stakeholders among those who expressed their interest, based on their relevance to the topics of the event, and to ensure diversity of views and a balanced representation of areas of interest, as well as geographical balance.

How to take part?

You can find further information and the instructions on how to register (link not available).

The call will be closed as soon as a sufficiently high number of applicants is reached with a view to ensuring the participation of a maximum number of stakeholders.

If you have technical problems submitting the application, we invite you to refresh the page or open the form in a different browser. 

 

Update on 17/11/2025, 12:57 pm: The call is now closed.

Thank you to all those who expressed their interest in taking part in the EDPB stakeholder event on ‘anonymisation and pseudonymisation’. We will carefully review all applications and communicate the results of the process to those who applied in the coming weeks.
 

EDPB

New Guidance for Risk Management of Artificial Intelligence Systems

3 weeks 2 days ago
New Guidance for Risk Management of Artificial Intelligence Systems francesco Tue, 11/11/2025 - 15:39 Tue, 11/11/2025 - 12:00

The European Data Protection Supervisor (EDPS) is pleased to announce the publication of a new guidance document designed to support controllers in conducting data protection risk assessments when developing, procuring, and deploying Artificial Intelligence (AI) systems under Regulation 2018/1725 (EUDPR). This guide aims at providing valuable insights and practical recommendations to help identify and mitigate common technical risks associated with AI systems, helping in the protection of personal data.

While primarily intended for European Union Institutions, Bodies, Offices, and Agencies (EUIs), this guidance is also relevant and useful for private companies, industry stakeholders, and public organizations seeking to ensure compliance with data protection regulations.

The document begins by revisiting the risk management approach of the widely recognized ISO 31000:2018 standard. It then continues into the AI system lifecycle, to later explore the concepts of interpretability and explainability, which are essential for ensuring data protection. The core of the guidance presents a detailed analysis of risks and corresponding mitigation measures, organized around four fundamental data protection principles: fairness, accuracy, data minimisation, and security.

1 Read more
European Data Protection Supervisor

PATRICIA Exercise 2025- Personal dATa bReach awareness In Cybersecurity Incident handling

3 weeks 3 days ago
PATRICIA Exercise 2025- Personal dATa bReach awareness In Cybersecurity Incident handling miriam Mon, 11/10/2025 - 11:24 Tue, 11/11/2025 - 12:00

Read the Executive Summary of the Report of the second edition of PATRICIA - Personal dATa bReach awareness in Cybersecurity Incident Handling, a table-top exercise focusing on personal data breach management. 

1 Read the Executive Summary
European Data Protection Supervisor

Draft adequacy decision for Brazil: EDPB adopts opinion

4 weeks 1 day ago

Brussels, 5 November - During its latest plenary, the EDPB adopted an opinion on the European Commission’s draft decision on the adequate level of protection of personal data in Brazil.* Once adopted, the decision will ensure that personal data can flow freely from Europe to Brazil and that individuals can retain control over their data.

In its opinion, requested by the Commission, the EDPB assesses whether the Brazilian data protection framework and the rules on government access to personal data transferred from Europe provide safeguards essentially equivalent to the ones in EU legislation. The Board positively notes the close alignment with EU legislation and the case law of the Court of Justice of the EU. The EDPB also examines whether the safeguards provided under the legal framework in Brazil are in place and effective.

“The EDPB welcomes the alignment between Brazil and Europe’s data protection frameworks. This is a pivotal moment that will strengthen legal certainty for organisations and competent authorities transferring personal data from Europe to Brazil.

We call on the European Commission to address a few remaining points to ensure the effective protection of individuals’ fundamental rights.”

EDPB Chair, Anu Talus


The EDPB also invites the Commission to provide further clarifications and monitor certain areas in relation to Data Protection Impact Assessments (DPIA), the limitations on transparency related to commercial and industrial secrecy, and the rules on onward transfers.

As a general rule, the Brazilian data protection law does not apply to data processed by Brazilian public authorities for the exclusive purposes of public safety, national defence, State security, or the investigation and prosecution of criminal offenses.

At the same time, the EDPB positively notes that the Brazilian data protection law partially applies to the processing of personal data in the context of criminal investigations and maintenance of public order, as interpreted by the Federal Supreme Court of Brazil in its case-law.

The Board invites the Commission to further specify the applicability of the Brazilian data protection law, as well as the Brazilian Data Protection Authority’s investigatory and corrective powers in relation to law enforcement authorities. Finally, the Board invites the Commission to further clarify the outline of Brazil’s concept of national security.

 

Note to editors:

* An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to determine whether a third country or an international organisation offers an adequate level of data protection. The European Commission has the power to determine, on the basis of Art. 45 of Regulation (EU) 2016/679 whether a country outside the EU offers an adequate level of data protection.

The adoption of an adequacy decision involves: 1) a proposal from the European Commission; 2) an opinion of the European Data Protection Board; 3) approval from representatives of EU countries; 4) adoption of the decision by the European Commission.

EDPB

Help make GDPR compliance easy for organisations: what templates would be helpful for you? Provide your feedback

4 weeks 1 day ago

Brussels, 5 November - The European Data Protection Board (EDPB) is taking an important step towards facilitating GDPR compliance for organisations by developing a series of ready-to-use templates. This initiative, announced following the Helsinki Statement on enhanced clarity, support, and engagement, aims to provide practical tools that organisations can readily implement to meet their data protection obligations.

To ensure these templates address the needs of organisations, the EDPB has launched a public consultation inviting stakeholders to share their suggestions. The consultation specifically seeks feedback on which types of templates would be most beneficial (for example, a template for privacy notices or a template for records of processing activities).

The EDPB will already work on templates for key GDPR requirements such as Data Protection Impact Assessments (DPIAs) and data breach notifications.

Contributions can be submitted here until 3 December 2025.

The EDPB encourages all interested parties to take part in this consultation and help create practical resources that make GDPR compliance more straightforward and accessible for everyone.

EDPB

ETIAS Fundamental Rights Guidance Board: ensuring access to an effective judicial remedy

1 month ago
ETIAS Fundamental Rights Guidance Board: ensuring access to an effective judicial remedy miriam Mon, 11/03/2025 - 14:22 Mon, 11/03/2025 - 12:00

As the clock ticks down to the launch of a new EU large scale border management system, the European Travel Information and Authorisation System (ETIAS) in autumn 2026, momentum is building to prepare ETIAS for entry into operation and ensure its compliance with data protection law, and other fundamental rights under the EU Charter of Fundamental Rights. 

1 Read the blogpost by Wojciech Wiewiórowski
European Data Protection Supervisor

Draft UK adequacy decisions: EDPB adopts opinions

1 month 2 weeks ago

Brussels, 20 October - During its latest plenary, the EDPB adopted two opinions on the European Commission’s draft decisions on the extension of the validity of the UK adequacy decisions under the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED) until December 2031.*

The EDPB opinions, requested by the Commission as per Art. 70(1) (s) GDPR and Art. 51(1) (g) LED, address the proposed six-year extension of the two UK adequacy decisions which are set to expire in December 2025.

The extension of the validity of the UK adequacy decisions will allow organisations and competent authorities based in Europe to continue transferring data to UK-based organisations and authorities without implementing additional guarantees.**

“The EDPB welcomes the continuing alignment between the UK and Europe’s data protection framework, despite the recent changes in the UK legal framework.

I call on the European Commission to address the points highlighted by the Board and to ensure an effective monitoring once the decisions are adopted. This will increase the robustness of UK’s adequacy and ensure more legal certainty for organisations and competent authorities transferring personal data from Europe to the UK.”

EDPB Chair, Anu Talus

About the GDPR opinion

According to the Board, most of the changes introduced to the UK’s data protection framework aim to clarify and facilitate compliance with the law.

Some aspects of the draft decision could be further clarified.

The EDPB invites the European Commission to further analyse and monitor the changes to the Retained EU Law (Revocation and Reform) Act 2023, also known as REUL Act, in particular the removal of the principle of primacy of EU law and the removal of the direct application of the principles of EU law.

The EDPB notes that the Secretary of State has been granted new powers to introduce changes to the new data protection framework, via secondary regulations which require less Parliamentary scrutiny. This is the case for international transfers, automated decision-making, and the governance of the Information Commissioner’s Office (ICO). The EDPB invites the Commission to address possible risks of divergence by highlighting, in the final adequacy decision, the areas which they intend to carefully monitor.

The EDPB also encourages the Commission to further elaborate its assessment and monitor the rules on transfers from the UK to third countries. The new adequacy test, introduced by the Data (Use and Access) Act 2025, requires the level of protection of the third country to be not materially lower than the one provided for data subjects by the UK framework, but this test does not refer to the risk of government access, the existence of redress for individuals and the need for an independent supervisory authority.

The Commission should also further assess and monitor the purported use by the UK Government of Technical Capability Notices (“TCN”) requiring companies to circumvent encryption, as this would create systemic vulnerabilities and pose a risk to the integrity and confidentiality of electronic communications.

Finally, the EDPB calls on the Commission to further assess and monitor the changes to the structure of the ICO and the exercise of its corrective powers. In this context, the EDPB positively notes the transparency policy of the ICO and the availability of the statistical and analytical data of its enforcement activities.

The new adequacy decisions will add to the 2021 decisions, which will continue to apply to areas not covered in the 2025 draft decisions. The EDPB builds on its 2021 opinions (14/2021 and 15/2021). In particular, the close alignment between the GDPR framework and the UK legal framework on key provisions, highlighted in 2021, continues to hold true today (including, for example, transparency, data subject rights, and special categories of data).

About the LED opinion

The EDPB welcomes the continuous alignment between the data protection framework in Europe and the UK, and encourages the Commission to complement its assessment on aspects relating to national security exemptions. Such exemptions may waive most data protection principles and some international transfer rules for law enforcement authorities, and also limit ICO’s enforcement and inspection powers.

The EDPB invites the Commission to analyse the UK’s rules on transfers of personal data to third countries, in particular the new adequacy test, in the same way as in the GDPR opinion.

The Board also points out the more permissive approach for automated decision making and the new powers conferred to the Secretary of State in this matter. It recalls the importance of meaningful human review and urges the Commission to clarify and monitor possible exemptions from individuals’ right to obtain human intervention.

Finally, the EDPB acknowledges that the system of oversight of criminal law enforcement agencies as well as the redress mechanisms remain largely unchanged, and it reiterates the need for the Commission to closely monitor the application of corrective powers and remedies for individuals in the UK data protection framework.

 

Note to editors:

* On 22 July 2025, the European Commission issued two draft amending implementing decisions on the adequate protection of personal data by the United Kingdom pursuant to Article 45(3) GDPR and Article 36(3) LED. These draft decisions aim at extending the validity of the previous adequacy decisions adopted on 28 June 2021.
In May 2025, the Commission adopted a decision to extend the validity of the UK adequacy decision for six more months, from June until December 2025. The EDPB adopted an opinion on this extension in May 2025.

** An adequacy decision is a key-mechanism in EU data protection legislation which allows the European Commission to determine whether a third country or an international organisation offers an adequate level of data protection. The European Commission has the power to determine, on the basis of Art. 45 of Regulation (EU) 2016/679 whether a country outside the EU offers an adequate level of data protection.

The adoption of an adequacy decision involves: 1) a proposal from the European Commission; 2) an opinion of the European Data Protection Board; 3) an approval from representatives of EU countries; 4) the adoption of the decision by the European Commission.

EDPB

Coordinated Enforcement Framework: EDPB selects topic for 2026

1 month 3 weeks ago

Brussels, 14 October - During its October plenary, the European Data Protection Board (EDPB) picked the topic for its fifth coordinated enforcement action, which will concern compliance with the obligations of transparency and information under the General Data Protection Regulation (GDPR).  The GDPR ensures that individuals are informed when their data is being processed (under Art. 12, 13 and 14). This right to be informed is a core element of transparency and ensures that individuals have more control over their data.

In a coordinated action, the EDPB prioritises a certain topic for Data Protection Authorities (DPAs) to work on at national level. The results of these national actions are then aggregated and analysed to generate deeper insight into the topic and allowing for targeted follow-up at both national and European level if needed.

Participating DPAs will join this new action on a voluntary basis in the coming weeks and the action itself will be launched over the course of 2026.

CEF achievements so far

In recent years, the EDPB has carried out various coordinated actions on different topics, publishing reports on their results. Specifically:

Earlier this year, the EDPB has launched a coordinated action on the right to erasure or the “right to be forgotten” (Art.17 GDPR). The report on the outcome of this action will be adopted in the coming months.

Background

This new coordinated action follows the EDPB’s decision to set up a Coordinated Enforcement Framework (CEF) in October 2020. The CEF is a key action of the EDPB under its 2024-2027 Strategy, together with the creation of a Support Pool of Experts (SPE). The two initiatives aim to streamline enforcement and cooperation among DPAs.
 

EDPB