Under the GDPR, which of the following is true in regard to adequacy decisions involving cross-border transfers?

Under the GDPR, which of the following is true in regard to adequacy decisions involving cross-border transfers?

A. The European Commission can adopt an adequacy decision for individual companies.

B. The European Commission can adopt, repeal or amend an existing adequacy decision.

C. EU member states are vested with the power to accept or reject a European Commission adequacy decision.

D. To be considered as adequate, third countries must implement the EU General Data Protection Regulation into their national legislation.

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Answer: B

Explanation:

Under the GDPR, regarding adequacy decisions involving cross-border transfers:

A. The European Commission can adopt an adequacy decision for individual companies.

This is incorrect. Adequacy decisions are not adopted for individual companies. They are for entire countries or sectors within countries to state that their level of personal data protection is essentially equivalent to that within the EU.

B. The European Commission can adopt, repeal or amend an existing adequacy decision.

This is correct. The European Commission has the authority to determine whether a third country offers an adequate level of data protection and can adopt, repeal, or amend these decisions as conditions change.

C. EU member states are vested with the power to accept or reject a European Commission adequacy decision.

This is incorrect. The adequacy decision lies with the European Commission, and member states do not have individual authority to accept or reject these decisions.

D. To be considered as adequate, third countries must implement the EU General Data Protection Regulation into their national legislation.

This is incorrect. Third countries do not need to implement the EU GDPR verbatim. They need to ensure an equivalent level of data protection. This can be achieved through their own national legislation or international commitments.

Therefore, the correct answer is:

B. The European Commission can adopt, repeal or amend an existing adequacy decision.