EDPB resolves dispute on transfers by Meta and creates task force on Chat GPT

Apr 13, 2023

Source: European Data Protection Board

Brussels, 13 April – The EDPB adopted a dispute resolution decision on the basis of Art. 65 GDPR concerning a draft decision of the IE DPA on the legality of data transfers to the United States by Meta Platforms Ireland Limited (Meta IE) for its Facebook service. The binding decision addresses important legal questions arising from the draft decision of the Irish DPA as lead supervisory authority (LSA) regarding Meta IE. The EDPB binding decision plays a key role in ensuring the correct and consistent application of the GDPR by the national Data Protection Authorities.

As no consensus was reached on the objections lodged by several DPAs, the EDPB was called upon to settle the dispute between the DPAs within two months.

More specifically, in its binding decision, the EDPB settles the dispute on whether an administrative fine and/or an additional order to bring processing into compliance must be included in the Irish DPA’s final decision.  

The LSA shall adopt its final decision, addressed to the controller, on the basis of the EDPB binding decision taking into account the EDPB’s legal assessment, at the latest one month after the EDPB has notified its decision. The EDPB will publish its decision on its website after the LSA has notified its national decision to the controller.

The EDPB members discussed the recent enforcement action undertaken by the Italian data protection authority against Open AI about the Chat GPT service.

The EDPB decided to launch a dedicated task force to foster cooperation and to exchange information on possible enforcement actions conducted by data protection authorities.

 

For further information on the Art. 65 procedure, please consult the FAQ

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