Date: 2023-06-29Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision of the EEA Joint Committee No 336/2022 of 9 December 2022 amending Annex XI (Electronic communication, audiovisual services and information society) to the EEA Agreement [2023/1278]
**Summary:**
EEA Joint Committee Decision No. 336/2022, dated 9 December 2022, amends Annex XI (Electronic communication, audiovisual services and information society) to the Agreement on the European Economic Area (EEA). The decision incorporates Commission Implementing Decisions (EU) 2021/914 and (EU) 2021/915 into the EEA Agreement.
Implementing Decision (EU) 2021/914 pertains to standard contractual clauses for the transfer of personal data to third countries, pursuant to Regulation (EU) 2016/679. Implementing Decision (EU) 2021/915 concerns standard contractual clauses between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 and Article 29(7) of Regulation (EU) 2018/1725.
The texts of Implementing Decisions (EU) 2021/914 and (EU) 2021/915 in the Icelandic and Norwegian languages will be published in the EEA Supplement to the Official Journal of the European Union and will be considered authentic.
This Decision entered into force on 10 December 2022, following the completion of notifications required under Article 103(1) of the EEA Agreement. The Decision was published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.
Key Entities Referenced
EEA Joint Committee: The decision-making body responsible for the EEA Agreement.
EEA Agreement: Agreement on the European Economic Area.
Annex XI to the EEA Agreement: Deals with Electronic communication, audiovisual services and information society.
Commission Implementing Decision EU 2021/914: Commission Implementing Decision on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation EU 2016/679.
Regulation EU 2016/679: Regulation of the European Parliament and of the Council (General Data Protection Regulation).
Commission Implementing Decision EU 2021/915: Commission Implementing Decision on standard contractual clauses between controllers and processors under Article 28(7) of Regulation EU 2016/679 and Article 29(7) of Regulation EU 2018/1725.
Regulation EU 2018/1725: Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data.
Brussels: Location where the decision was made.
29.6.2023 EN Official Journal of the European Union L 164/81
DECISION OF THE EEA JOINT COMMITTEE No 336/2022
of 9 December 2022
amending Annex XI (Electronic communication, audiovisual services and information society) to the
EEA Agreement [2023/1278]
THE EEA JOINT COMMITTEE,
Having regard to the Agreement on the European Economic Area (“the EEA Agreement”), and in particular Article 98
thereof,
Whereas:
(1) Commission Implementing Decision (EU) 2021/914 of 4 June 2021on standard contractual clauses for the transfer
of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the
Council(1)is to be incorporated into the EEA Agreement.
(2) Commission Implementing Decision (EU) 2021/915 of 4 June 2021 on standard contractual clauses between
controllers and processors under Article 28(7) of Regulation (EU) 2016/679 of the European Parliament and of the
Council and Article 29(7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council(2)is to be
incorporated into the EEA Agreement.
(3) Annex XI to the EEA Agreement should therefore be amended accordingly,
HAS ADOPTED THIS DECISION:
Article 1
The following points are inserted after point 5eu (Commission Implementing Decision (EU) 2022/254) of Annex XI to the
EEA Agreement:
‘5ev. 32021 D 0914: Commission Implementing Decision (EU) 2021/914 of 4 June 2021on standard contractual clauses
for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament
and of the Council (OJ L 199, 7.6.2021, p. 31).
5ew. 32021 D 0915: Commission Implementing Decision (EU) 2021/915 of 4 June 2021on standard contractual clauses
between controllers and processors under Article 28(7) of Regulation (EU) 2016/679 of the European Parliament and
of the Council and Article 29(7) of Regulation (EU) 2018/1725 of the European Parliament and of the Council
(OJ L 199, 7.6.2021, p. 18).’
Article 2
The texts of Implementing Decisions (EU) 2021/914 and (EU) 2021/915 in the Icelandic and Norwegian languages, to be
published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
Article 3
This Decision shall enter into force on 10 December 2022, provided that all the notifications under Article 103(1) of the
EEA Agreement have been made*.
(1) OJ L 199, 7.6.2021, p. 31.
(2) OJ L 199, 7.6.2021, p. 18.
* No constitutional requirements indicated.L 164/82 EN Official Journal of the European Union 29.6.2023
Article 4
This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European
Union.
Done at Brussels, 9 December 2022.
For the EEA Joint Committee
The President
Kristján Andri STEFÁNSSON