• The European Commission is the executive body of the European Union (EU). It monitors compliance with EU laws.
  • It consists of 27 Commissioners who are appointed every 5 years. The current President is Ursula von der Leyen.
  • Range of powers include:
    • Proposing legislative text to the European Parliament and the Council of the European Union. The Parliament and Council jointly debate, amend, and adopt the final text that becomes EU law.
  • Key note: Pursuant to GDPR Article 45, the European Commission has the power to determine whether third countries outside the EU have an adequate level of data protection for personal data. Based on the Commission’s adequacy decisions, EU organisations may transfer personal data outside the EU into third countries.
    • At present, the European Commission has recognised the following countries as provide an adequate level of protection: Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland , the United Kingdom under the GDPR and the LED, and Uruguay.
    • After the CJEU invalidated the Privacy Shield agreement between the US Department of Commerce and the European Commission, there is no longer an adequacy decision between the EU and US.