Saatja: Aari Helmelaid <
[email protected]>
Saadetud: 26.10.2023 14:39
Adressaat: TTJA <
[email protected]>
Teema: FW: [TF C&C] Questionnaire on the cooperation between SAs and competition and
consumer protection authorities
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Survey_coop_comp_consum_dpas_2023-09-29_FINAL_Clean.docx
Tere!
Pöördusin paar nädalat tagasi teie poole palvega täita Euroopa Andmekaitsenõukogu küsimustik
andmekaitse inspektsiooni ja tarbijakaitse ja tehnilise järelevalve ameti vahelise koostöö kohta, kuid
ootan endiselt Teie vastust. Küsimustik puudutab enamasti menetlusliku koostöö teemasid. Palun täitke
esimesel võimalusel küsimustiku Annex 2 osa.
Tervitades,
Aari Helmelaid
juristi assistent
[email protected]
+ 372 667 2709
ERAELU KAITSE JA RIIGI LÄBIPAISTVUSE EEST
Tatari 39 | 10134 Tallinn | Eesti
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From: Aari Helmelaid
Sent: Tuesday, October 3, 2023 3:35 PM
To: '
[email protected]' <
[email protected]>; '
[email protected]' <
[email protected]>
Subject: FW: [TF C&C] Questionnaire on the cooperation between SAs and competition and consumer
protection authorities
Tere!
Euroopa Andmekaitsenõukogu konkurentsi ja tarbijakaitse õiguse rakkerühma palvel edastan
küsimustiku koostöö kohta andmekaitse inspektsiooni, konkurentsiamet ja tarbijakaitseameti vahel.
Palun Teil täita küsimustik inglise keeles ja meile tagasi saata 27. oktoobriks. Palun konkurentsiametil
täita küsimustiku Annex 1 ja tarbijakaitseametil täita küsimustiku Annex 2.
Tervitades
Aari Helmelaid
juristi assistent
[email protected]
+ 372 667 2709
ERAELU KAITSE JA RIIGI LÄBIPAISTVUSE EEST
Tatari 39 | 10134 Tallinn | Eesti
LinkedIn I Facebook I Youtube
From: EDPB Secretariat <
[email protected]>
Sent: Friday, September 29, 2023 6:39 PM
Cc: PONTVIANNE Aymeric <
[email protected]>; Cedric Voss <
[email protected]>; Felber, Wolfram
<
[email protected]>;
[email protected]; VAN ALSENOY Brendan
<
[email protected]>; LEPINE Alexandre <
[email protected]>
Subject: [TF C&C] Questionnaire on the cooperation between SAs and competition and consumer
protection authorities
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Tundmatu saatja korral palume linke ja faile mitte avada.
Dear EDPB Members,
As agreed at the June meeting of its recently created task force on data protection, competition and
consumer protection (TF C&C), the task force prepared a questionnaire on the cooperation between SAs
and competition and consumer protection authorities at national and EU level, to be completed by
every EDPB member.
The short survey you will find attached is intended to provide essential input to the EDPB, specifically to
the C&C task force, on cooperation patterns and experience of interplay between regulations on the
ground. On the basis of your feedback and insights, the task force will elaborate a FAQ by the end of the
year, providing you with good practices and indications on what to expect from such cooperation in the
context of the ECJ Meta case (C-252/21) we commented at Plenary level this summer.
Therefore, we kindly ask that you answer the questions in the survey attached on behalf of your
supervisory authority, pursuant to Art. 51 GDPR, in your Member State. We also kindly ask that you
forward the questions in the annexes to the relevant competition (Annex 1) and consumer protection
authorities or bodies (Annex 2) in your Member State, and collect their answers. Please provide your
answers in English.
We anticipate your answer to this survey by 27 October 2023. Please send your reply by responding to
this email.
Many thanks!
Alexandre Lépine
On behalf of the coordinators of the TF C&C and the EDPB Secretariat
Alexandre LÉPINE
Legal Officer
European Data Protection Board
Tel: 0032 2 2834581
Postal address: Rue Wiertz 60, B-1047 Brussels
Office address: Rue Montoyer 30, B-1000 Brussels
edpb.europa.eu
This email (and any attachment) may contain information that is internal or confidential.
Unauthorised access, use or other processing is not permitted. If you are not the intended
recipient please inform the sender by reply and then delete all copies. Emails are not secure as
they can be intercepted, amended, and infected with viruses. The EDPB therefore cannot
guarantee the security of correspondence by email.
Dear Sir or Madam, Competition, consumer protection and data protection are three fields of regulation having points of interaction and jurisdictional overlaps, which we refer to as regulatory interplay (or simply interplay ) , between national authorities and consumer bodies, as well as between national and EEA authorities and bodies. Interplay between regulatory regimes can give rise to obligations of coordination and co-operation between national supervisory authorities and bodies with different responsibilities, as evident by the recent case law of the Court of Justice of the European Union (CJEU). In order to facilitate a n exchange and better co-operation on regulatory interplay between authorities and consumer bodies, the European D ata P rotection B oard (EDPB) is making a survey about co-operation, established best practices and suggestions to improve the dialogue between authorities. This survey is intended to provide essential input to the EDPB , specifically to its ’ recently created task force on data protection, competition and consumer protection ( TF C&C). On the basis of your feedback and insights , the task force will elaborate on the subject matter of co-operation on regulatory interplay , providing you with good practices and indications on what to expect from such cooperation. We kindly ask that you answer the questions in the survey below on behalf of your supervisory authority, pursuant to Art. 51 GDPR, in your Member State. We also kindly ask that you forward the questions in the annexes to the competent competition (Annex 1) and consumer protection authorities or bodies (Annex 2) in your Member State , and collect their answers . Please provide the answers in English . We anticipate your answer to this survey at latest on 27 October 2023 . Please send your reply to
[email protected] . Should you have any questions about this survey, please contact
[email protected] . Yours sincerely, For the EDPB Competition and Consumer law T ask F orce (TFC&C) The C oordinators Survey Co-operation between data protection, competition and consumer protection authorities or bodies on regulatory interplay Name of respondent authority: Provide your answer here EEA Member State: Provide your answer here Instructions: The survey revolves around co-operation where data protection, consumer protection and competition regulation intersect and where jurisdiction of authorities and bodies overlap. We refer to this as regulatory interplay (or simply interplay ) , meaning regulatory areas where different authorities have the competence to supervise and enforce rules on the same actors or activities , which have , or may have, effects for the other regulators . Such co-operation can take place i n enforcement cases, but also in other areas of regulatory overlap , for example when providing guidance . Please only provide information of a general nature and do not disclose any information about or references to the conduct of identifiable private parties (e.g. particular companies) unless that information has been made public (e.g. following an enforcement decision). Do not submit any information that is or could be classified as confidential under national or Union law . Unless asked to elaborate, please keep your answers brief. Question 1: In the last 5 years, did your supervisory authority engage in any form of co-operation with the competition authority or consumer protection authority/body in your Member State or at the EEA level (e.g. the European commission, the EFTA surveillance authority, the ECN etc.) on regulatory interplay (e.g. enforcement cases or regulatory guid ance ) ? Please note that it is possible to tick several boxes if you answer yes . Yes, … the national competition authority ☐ … the national consumer authority or body ☐ … a n authority or body at EEA level ☐ Please specify which party No ☐ If yes , please go to Question 2 If no , please go to Question 9 . Question 2: Has your supervisory authority been engaged in co-operation in cases involving more than one EEA Member State concerning interplay? Yes ☐ No ☐ If yes , please elaborate and, if possible, provide references or links to cases or procedures : Provide your answer here Question 3: Forms of cooperation and results 3 a) Is the co-operation with competition or consumer authorities/bodies formalised (e.g. through an agreement or memorandum of understanding, national legislation etc.)? Yes ☐ No ☐ If yes , please provide references or links to the basis for your co-operation . Provide your answer here 3 b) How is the co-operation on interplay organised (regular meetings, ad-hoc meetings, pooling of resources, common working groups , shared work programme, etc.)? Provide your answer here 3 c) In which types of cases, procedures or activities have you engaged in co-operation on regulatory interplay (e.g. merger cases, enforcement activities, sector inquiries etc.)? If possible, please provide references or links to cases or procedures . Provide your answer here 3 d) What kind of output or results (e.g. formal statements, guidelines, informal exchanges etc.) does co-operation with competition or consumer authorities or bodies produce? If possible, please provide references or links to adopted documents, decisions etc. Provide your answer here Question 4: Do you receive sufficient information from competition and consumer protection authorities or bodies about their activities that affect , or is likely to affect , the field of responsibility or interest of the data protection authority? Yes ☐ No ☐ Don’t know ☐ If no , please elaborate: Provide your answer here Question 5 : Have you identified any need for further or strengthened co-operation on interplay between data protection, competition and consumer protection authorities or bodies? Yes ☐ No ☐ If yes , please elaborate on which subjects : Provide your answer here Question 6 : Have you identified any obstacles for effective co-operation between data protection, competition and consumer authorities or bodies (e.g. confidentiality requirements, legal or institutional obstacles etc.)? Yes ☐ No ☐ If yes , please elaborate Provide your answer here Question 7 : Do you have any suggestions for how co-operation on interplay between data protection, competition authorities and consumer protection authorities or bodies should take place (best practices) or be improved? Yes ☐ No ☐ If yes, please elaborate: Provide your answer here Question 8 : Is there anything else you would like to add concerning co-operation on regulatory interplay between data protection, competition and consumer authorities or bodies? Provide your answer here Please note! If you have answered Yes to Question 1, it is not necessary to answer Questions 9 -1 2 Question 9 : Do you receive sufficient information from competition and consumer protection authorities or bodies about their activities that affect, or is likely to affect, the field of responsibility or interest of the data protection authority? Yes ☐ No ☐ Don’t know ☐ If no , please elaborate: Provide your answer here Question 10 : Have you identified a need for co-operation on regulatory interplay between data protection, competition and consumer protection authorities or bodies? Yes ☐ No ☐ Please elaborate: Provide your answer here Question 1 1 : What do you believe is the most plausible reason for why no co-operation exists between data protection, competition and consumer authorities or bodies in your Member State (e.g. lack of resources, no identified need, lack of institutional or legal framework, no clear objective etc.)? Please elaborate: Provide your answer here Question 1 2 : Is there anything else you would like to add concerning co-operation on regulatory interplay between data protection, competition and consumer authorities/bodies? Feel free to elaborate Provide your answer here Annex 1 For competition authorities Instruction: Feel free to use the cover letter below when forwarding the survey to the competition authority . While it is free to use the graphical profile of your supervisory authority, please refrain from changing the questions . Dear Sir or Madam, Competition and data protection law are t wo fields of regulation having points of interaction and jurisdictional overlaps, which we refer to as regulatory interplay (or simply interplay ) , between national authorities, as well as between national and EEA authorities and bodies. Interplay between regulatory regimes can give rise to obligations of coordination co-operation between national supervisory authorities and bodies with different responsibilities, as evident by the recent case law of the Court of Justice of the European Union (CJEU) . In order to facilitate a regulatory exchange and better co-operation on regulatory interplay between competition and data protection authorities, the European D ata P rotection B oard (EDPB) is making a survey about co-operation, established best practices and suggestions to improve the dialogue between authorities. This survey is intended to provide essential input to the EDPB, specifically to its’ recently created task force on data protection, competition and consumer protection (TFC&C). On the basis of your feedback and insights, the task force will elaborate on the subject matter of co-operation on regulatory interplay , providing you with good practices and indications on what to expect from such cooperation. We kindly ask that you answer the questions in the survey below on behalf of name of the relevant authority . Please provide the answers in English . We anticipate your answer to this survey at latest on 27 October 2023 . Please send your reply to XX . Yours sincerely, Possible signature Name Survey: Co-operation between data protection and competition authorities on regulatory interplay Name of respondent authority: Provide your answer here EEA Member State: Provide your answer here Instructions: The survey revolves around co-operation where data protection and competition regulation intersect and where jurisdiction of authorities overlap. We refer to this as regulatory interplay (or simply interplay ) , meaning regulatory areas where different authorities have the competence to supervise and enforce rules on the same actors or activities, which have, or may have, effects for the other regulators. Such co-operation can take place in enforcement cases, but also in other areas of regulatory overlap, for example when providing guidance. Such co-operation can take place in enforcement cases, but also in other areas of regulatory overlap, such as when providing guidance. Please only provide information of a general nature and do not disclose any information about or references to the conduct of identifiable private parties (e.g. particular companies) unless that information has been made public (e.g. following an enforcement decision). Do not submit any information that is or could be classified as confidential under national or Union law . Unless asked to elaborate, please keep your answers brief. Question 1: In the last 5 years, did your authority engage in any form of co-operation with the national data protection authority in your Member State or at the EEA level (the EDPB) on regulatory interplay (e.g. enforcement cases or regulatory guidance ) ? Please note that it is possible to tick several boxes if you answer yes . Yes, … the national data protection authority ☐ … the EDPB ☐ No ☐ If yes , please go to Question 2 If no , please go to Question 8 . Question 2: Has your authority been engaged in co-operation cases involving more than one EEA Member State on interplay? Yes ☐ No ☐ If yes , please elaborate and, if possible, provide references or links to cases or procedures : Provide your answer here Question 3: Do you receive sufficient information from the data protection authority about its activities that affect , or is likely to affect, the field of responsibility or interest of the competition authority ? Yes ☐ No ☐ Don’t know ☐ If no , please elaborate: Provide your answer here Question 4: Have you identified any need for further or strengthened co-operation on interplay between the data protection and competition authorit ies ? Yes ☐ No ☐ If yes , please elaborate on which subjects : Provide your answer here Question 5: Have you identified any obstacles for effective co-operation between the data protection and competition authority (e.g. confidentiality requirements, legal or institutional obstacles etc.)? Yes ☐ No ☐ If yes , please elaborate Provide your answer here Question 6: Do you have any suggestions for how co-operation on interplay between the data protection and competition authority should take place (best practices) or be improved? Yes ☐ No ☐ If yes, please elaborate: Provide your answer here Question 7: Is there anything else you would like to add concerning co-operation between the data protection and competition authority on regulatory interplay? Provide your answer here Please note! If you have answered Yes to Question 1, it is not necessary to answer Questions 8-11. Question 8: Do you receive sufficient information from the data protection authority about its activities that affect , or is likely to affect, the field of responsibility or interest of the competition authority ? Yes ☐ No ☐ Don’t know ☐ If no , please elaborate: Provide your answer here Question 9: Have you identified a need for co-operation on regulatory interplay between the data protection and competition authority? Yes ☐ No ☐ Please elaborate: Provide your answer here Question 10: What do you believe is the most plausible reason for why no co-operation exists between the data protection and competition authority in your Member State (e.g. lack of resources, no identified need, lack of institutional or legal framework, no clear objective etc.)? Please elaborate: Provide your answer here Question 11: Is there anything else you would like to add concerning co-operation on regulatory interplay between data protection and competition authorities ? Feel free to elaborate Provide your answer here Annex 2 For co nsumer protection authorities and bodies Instruction: Feel free to use the cover letter below when forwarding the survey to the relevant consumer authority or body. While it is free to use the graphical profile of your supervisory authority, please refrain from changing the questions . Dear Sir or Madam, Consumer protection and data protection are t wo fields of regulation having points of interaction and jurisdictional overlaps, which we refer to as regulatory interplay (or simply interplay ) , between national authorities and consumer bodies, as well as between national and EEA authorities and bodies. Interplay between regulatory regimes can give rise to obligations of coordination and co-operation between national supervisory authorities and bodies with different responsibilities, as evident by the recent case law of the Court of Justice of the European Union (CJEU). In order to facilitate a regulatory exchange and better co-operation on regulatory interplay between authorities and consumer bodies, the European D ata P rotection B oard (EDPB) is making a survey about co-operation, established best practices and suggestions to improve the dialogue between authorities and bodies . This survey is intended to provide essential input to the EDPB, specifically to its’ recently created task force on data protection, competition and consumer protection (TFC&C). On the basis of your feedback and insights, the task force will elaborate on the subject matter of co-operation on regulatory interplay , providing you with good practices and indications on what to expect from such cooperation. We kindly ask that you answer the questions in the survey below on behalf of name of the relevant authority or body . Please provide the answers in English . We anticipate your answer to this survey at latest on 27 October 2023 . Please send your reply to XX . Yours sincerely, Possible signature Name Survey: Co-operation between data protection and consumer protection authorities or bodies on interplay topics Name of respondent authority or body: Provide your answer here EEA Member State: Provide your answer here Instructions: The survey revolves around co-operation where data protection and co nsumer protection regulation intersect and where jurisdiction of authorities overlap. We refer to this as regulatory interplay (or simply interplay ) , meaning regulatory areas where different authorities have the competence to supervise and enforce rules on the same actors or activities, which have, or may have, effects for the other regulators. Such co-operation can take place in enforcement cases, but also in other areas of regulatory overlap, for example when providing guidance. Please only provide information of a general nature and do not disclose any information about or references to the conduct of identifiable private parties (e.g. particular companies) unless that information has been made public (e.g. following an enforcement decision). Do not submit any information that is or could be classified as confidential under national or Union law . Unless asked to elaborate, please keep your answers brief. Question 1: In the last 5 years, did your consumer authority or body engage in co-operation with the national data protection authority in your Member State or at the EEA level (the EDPB) on regulatory interplay (e.g. enforcement cases or regulatory guidance ) ? Please note that it is possible to tick several boxes if you answer yes . Yes, … the national data protection authority ☐ … the EDPB ☐ No ☐ If yes , please go to Question 2 If no , please go to Question 8. Question 2: Has your consumer authority or body been engaged in co-operation cases involving more than one Member State on interplay? Yes ☐ No ☐ If yes , please elaborate and, if possible, provide references or links to cases or procedures : Provide your answer here Question 3: Do you receive sufficient information from the data protection authority about its activities that affect , or is likely to affect, the field of interest of the consumer protection authority or body? Yes ☐ No ☐ Don’t know ☐ If no , please elaborate: Provide your answer here Question 4: Have you identified any need for further or strengthened co-operation on interplay between data protection and consumer protection authorities or bodies? Yes ☐ No ☐ If yes , please elaborate on which subjects : Provide your answer here Question 5: Have you identified any obstacles for effective co-operation between data protection and consumer authorities or bodies (e.g. confidentiality requirements, legal or institutional obstacles etc.)? Yes ☐ No ☐ If yes , please elaborate Provide your answer here Question 6: Do you have any suggestions for how co-operation on interplay between data protection and consumer authorities or bodies should take place (best practices) or be improved? Yes ☐ No ☐ If yes, please elaborate: Provide your answer here Question 7: Is there anything else you would like to add concerning co-operation on regulatory interplay between data pro t ection and consumer protection authorities or bodies? Provide your answer here Please note! If you have answered Yes to Question 1, it is not necessary to answer Questions 8 -11. Question 8: Do you receive sufficient information from the data protection authority about its activities that affect , or is like l y to affect, the field of responsibility or interest of the consumer protection authority or body? Y es ☐ No ☐ Don’t know ☐ If no , please elaborate: Provide your answer here Question 9: Have you identified a need for co-operation on regulatory interplay between data protection and consumer protection authorities or bodies? Yes ☐ No ☐ Please elaborate: Provide your answer here Question 10: What do you believe is the most plausible reason for why no co-operation exists between data protection and consumer authorities or bodies in your Member State (e.g. lack of resources, no identified need, lack of institutional or legal framework, no clear objective etc.)? Please elaborate: Provide your answer here Question 11: Is there anything else you would like to add concerning co-operation on regulatory interplay between data protection and consumer protection authorities or bodies? Feel free to elaborate Provide your answer here