(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 European Union’s present international commitments.
(12)
This Decision takes into account these explanations and assurances and it is based upon them.
(15)
This Decision should concern the adequacy of protection provided in the Eastern Republic of Uruguay with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC. It should not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.
(17)
The Commission should monitor the functioning of the Decision and report any pertinent findings to the Committee established under Article 31 of Directive 95/46/EC. Such monitoring should cover, inter alia, the Eastern Republic of Uruguay’s regime applicable to transfers in the framework of international treaties.
(18)
The Working Party on the protection of individuals with regard to the processing of personal data established under Article 29 of Directive 95/46/EC has delivered a favourable opinion on the level of adequacy as regards protection of personal data which has been taken into account in the preparation of this Decision (5).
(19)
The measures provided for in this Decision are in accordance with the opinion of the Committee established under Article 31(1) of Directive 95/46/EC,
HAS ADOPTED THIS DECISION:
2. The competent supervisory authority of the Eastern Republic of Uruguay for the application of the legal data protection standards in the Eastern Republic of Uruguay is set out in the Annex to this Decision.
3. Where the information collected under Article 2 and under paragraphs 1 and 2 of this Article provides evidence that any body responsible for ensuring compliance with the standards of protection in the Eastern Republic of Uruguay is not effectively fulfilling its role, the Commission shall inform the competent Uruguayan authority and, if necessary, present draft measures in accordance with the procedure referred to in Article 31(2) of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.
The Commission shall monitor the functioning of this Decision and report any pertinent findings to the Committee established under Article 31 of Directive 95/46/EC, including any evidence that could affect the finding in Article 1 of this Decision, that protection in the Eastern Republic of Uruguay is adequate within the meaning of Article 25 of Directive 95/46/EC and any evidence that this Decision is being implemented in a discriminatory way.
Member States shall take all the measures necessary to comply with the Decision within three months of the date of its notification.
This Decision is addressed to the Member States.
Done at Brussels, 21 August 2012.
For the Commission
Viviane REDING
Vice-President
(1) OJ L 281, 23.11.1995, p. 31.
(2) Letter of 31 August 2011.
(3) Organisation of American States; OAS, Treaty Series, No 36, 1144 UNTS 123. http://www.oas.org/juridico/english/treaties/b-32.html
(4) Council of Europe: https://wcd.coe.int/wcd/ViewDoc.jsp?Ref=CM/Del/Dec(2011)1118/10.3&Language=lanEnglish&Ver=original&Site=CM&BackColorInternet=DBDCF2&BackColorIntranet=FDC864&BackColorLogged=FDC864
(5) Opinion 6/2010 on the level of protection of personal data in the Eastern Republic of Uruguay. Available at http://ec.europa.eu/justice/policies/privacy/docs/wpdocs/2010/wp177_en.pdf
ANNEX
Competent supervisory authority referred to in Article 1(2) of this Decision:
Unidad Reguladora y de Control de Datos Personales (URCDP)
Andes 1365, Piso 8
Tel. + 598 2901 2929 Int. 1352
11.100 Montevideo
