In our last article we discussed briefly about the Directives 95/46/EC and 2002/58/EC. In today’s article we will discuss the remaining miscellaneous provisions provided under chapter 11 of the GDPR. Now we shall read the same under the followings heads-
A) Relationship with previously concluded agreement (Art.96)
Article 96 of the GDPR provides tha clarity about the present regulations and states that the international agreements involving the transfer of personal data to third countries or international organizations which were concluded by Member States prior to prior to 24th May 2016, and which comply with Union Law as applicable prior to that date, must remain in force until amended, replaced or revoked.
B) Commission Report (Art.97)
Article 97 of the GDPR states that by 25th May 2020 and every four years thereafter, the Commission must submit a report on the evaluation and review of GDPR to the European Parliament and to the Council. The report must be made public.
Further, in context of the evaluations and reviews referred under 97(1), the Commission must examine, in particular, the application and functioning of –
- Chapter V on the transfer of personal data to third countries or international organizations with particular regard to decisions adopted pursuant to art. 45(3) of GDPR and decisions adopted on the basis of article 25(6) of directive 95/46/EC;
- Chapter VII on cooperation and consistency.
Furthermore, the Commission may request information from Member States and supervisory authorities and in order to carry out the evaluations and reviews referred to in under article 97(1) and (2), the Commision must take into account the positions and findings of the European Parliament of the Council, and of other relevant bodies or sources.
Lastly, article 97 states that the Commission must, if necessary, submit appropriate proposals to amend GDPR, in particular taking into account of developments in information technology and in the light of the state of progress in the information society.
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