Recital 105 – Consideration of International Agreements for an Adequacy Decision*

1Apart from the international commitments the third country or international organisation has entered into, the Commission should take account of obligations arising from the third country’s or international organisation’s participation in multilateral or regional systems in particular in relation to the protection of personal data, as well as the implementation of such obligations. 2In particular, the third country’s accession to the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to the Automatic Processing of Personal Data and its Additional Protocol should be taken into account. 3The Commission should consult the Board when assessing the level of protection in third countries or international organisations.

* This title is an unofficial description.


Why Recital 105 Matters for GDPR Compliance?

Recital 105 is important for GDPR compliance because it highlights that the European Commission must consider international agreements and obligations when assessing the adequacy of data protection in third countries. This includes participation in global or regional frameworks related to data protection. By taking these agreements into account, the GDPR ensures that adequacy decisions are comprehensive and reflect the broader legal and regulatory environment of the third country. This approach promotes consistency, cooperation, and trust in international data transfers.

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