Commission Implementing Decision (EU) 2016/2297 of 16 December 2016 amending Decisions 2001/497/EC and 2010/87/EU on standard contractual clauses for the transfer of personal data to third countries and to processors established in such countries, under Directive 95/46/EC of the European Parliament and of the Council (notified under document C(2016) 8471) (Text with EEA relevance )
Celex Number | 32016D2297 |
Coming into Force | 01 January 1001 |
End of Effective Date | 31 December 9999 |
Published date | 17 December 2016 |
Date | 16 December 2016 |
ELI | http://data.europa.eu/eli/dec_impl/2016/2297/oj |
Official Gazette Publication | Official Journal of the European Union, L 344, 17 December 2016 |
17.12.2016 | IT | Gazzetta ufficiale dell'Unione europea | L 344/100 |
DECISIONE DI ESECUZIONE (UE) 2016/2297 DELLA COMMISSIONE
del 16 dicembre 2016
che modifica la decisione 2001/497/CE relativa alle clausole contrattuali tipo per il trasferimento di dati a carattere personale verso paesi terzi a norma della direttiva 95/46/CE, e la decisione 2010/87/UE della Commissione relativa alle clausole contrattuali tipo per il trasferimento di dati personali a incaricati del trattamento stabiliti in paesi terzi a norma della direttiva 95/46/CE del Parlamento europeo e del Consiglio
[notificata con il numero C(2016) 8471]
(Testo rilevante ai fini del SEE)
LA COMMISSIONE EUROPEA,
visto il trattato sul funzionamento dell'Unione europea,
vista la direttiva 95/46/CE del Parlamento europeo e del Consiglio, del 24 ottobre 1995, relativa alla tutela delle persone fisiche con riguardo al trattamento dei dati personali, nonché alla libera circolazione di tali dati (1), in particolare l'articolo 26, paragrafo 4,
sentito il Garante europeo della protezione dei dati,
considerando quanto segue:
(1) | Con la sentenza del 6 ottobre 2015 nella causa C-362/14, Maximillian Schrems contro Data Protection Commissioner (2), la Corte di giustizia dell'Unione europea ha statuito che, adottando l'articolo 3 della decisione 2000/520/CE, (3) la Commissione ha ecceduto la competenza attribuitale dall'articolo 25, paragrafo 6, della direttiva 95/46/CE, letto alla luce della Carta dei diritti fondamentali dell'Unione europea, e ha dichiarato l'invalidità dell'articolo 3 della decisione. |
(2) | L'articolo 3, paragrafo 1, primo comma, della decisione 2000/520/CE stabilisce condizioni restrittive per cui le autorità di controllo nazionali possono decidere di sospendere i flussi di dati diretti a un'impresa statunitense autocertificatasi, e questo nonostante la constatazione di adeguatezza da parte della Commissione. |
(3) | Nella sentenza Schrems la Corte di giustizia ha precisato che le autorità di controllo nazionali restano competenti per il controllo dei trasferimenti dei dati personali verso un paese terzo che è stato oggetto di una decisione d'adeguatezza della Commissione, e che la Commissione non ha la competenza di limitare i poteri ad esse conferiti dall'articolo 28 della direttiva 95/46/CE. Ai sensi di tale articolo dette autorità dispongono, in particolare, di poteri investigativi, come il diritto di raccolta di qualsiasi informazione necessaria all'esercizio della loro funzione di controllo, di poteri effettivi d'intervento, come quello di vietare a titolo provvisorio o definitivo il trattamento dei dati, e del potere di promuovere azioni giudiziarie. (4) |
(4) | Nella stessa sentenza la Corte di giustizia ha ricordato che, in linea con l'articolo 25, paragrafo 6, secondo comma, della direttiva 95/46/CE, gli Stati membri e i loro organi devono adottare le misure necessarie per conformarsi agli atti delle istituzioni dell'Unione, che si presumono, in linea di principio, legittimi e producono pertanto effetti giuridici, finché non siano stati revocati o annullati nel contesto di un ricorso per annullamento ovvero dichiarati invalidi a seguito di un rinvio pregiudiziale o di un'eccezione di |
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