(4) Given the different approaches to data protection in third countries, the adequacy assessment should be carried out and any decision based on Article 25(6) of Directive 95/46/EC should be made and enforced in a way that does not arbitrarily or unjustifiably discriminate against or between third countries where like conditions prevail nor constitute a disguised barrier to trade, regard being had to the Community's present international commitments.
This Decision concerns only the adequacy of protection provided in Canada by the Canadian Act with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC and does not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.
(1) OJ L 281, 23.11.1995, p. 31. /n (2) WP 12: Transfers of personal data to third countries: applying Articles 25 and 26 of the EU data protection directive, adopted by the Working Party on 24 July 1998, available at http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/wpdocs_98.htm /n (3) Electronically published (paper and web) versions of the Act are available at http://www.parl.gc.ca/36/2/parlbus/chambus/house/bills/government/C-6/C-6_4/C-6_cover-E.html and http://www.parl.gc.ca/36/2/parlbus/chambus/house/bills/government/C-6/C-6_4/C-6_cover-F.html. Printed versions are available at Public Works and Government Services Canada - Publishing, Ottawa, Canada K1A 0S9. /n (4) Opinion 2/2001 on the adequacy of the Canadian Personal Information and Electronic Documents Act - WP 39 of 26 January 2001 available at http://europa.eu.int/comm/internal_market/en/media/dataprot/wpdocs/index.htm