EDPB news: guidelines on certification and consultation on the digital euro

Guidelines on certification as a data transfer tool

On 14 and 15 June 2022, the EDPB adopted guidelines clarifying the use of the certification mechanism as a tool to regulate international data transfers.

These guidelines, for which the CNIL was co-rapporteur, complement those on the definition of certification criteria and those on the accreditation of certification bodies.

They consist of four parts, each focusing on specific aspects of certification as a tool for transfers, such as:

• the objective, the scope and the different actors involved;
• implementation guidance on accreditation requirements for certification bodies;
• specific certification criteria to demonstrate the existence of appropriate safeguards for transfers; and
• the binding and enforceable commitments to be implemented.

These guidelines are subject to public consultation until the end of September. After the public consultation, a final version will be adopted, taking into account stakeholders' comments.

EDPB response to a European Commission public consultation on the digital euro

The EDPB also adopted a contribution to the European Commission's public consultation on the digital euro. In July 2021, the European Central Bank had decided to launch an experimental phase in the framework of the digital euro project, with a view to deciding on the creation of this digital currency by 2024. The European Commission has announced a text on this subject for the beginning of 2023.

The EDPB letter follows a first letter issued by the EDPB in June 2021 on data protection issues in the context of a potential digital euro.

In its response to the European Commission's public consultation, the EDPB stresses the importance of privacy by design of the future digital euro and the need for an assessment of the policy implications of the planned architecture throughout the testing phase. In particular, the EDPB supports the non-tracking of digital euro transactions below a certain threshold in order to protect the confidentiality of Europeans' transactions, as it is the case today with cash in everyday life.