„…remote governmental access under third-country laws to personal data located and processed in the EEA, when it takes place, results in transfers of personal data.“
„The EDPS considers that transfers resulting from unauthorised access by third country entities, which are merely potential and in no way foreseeable in light of the content or purpose of a contract or another stable relationship between the parties, do not fall under the scope of Chapter V of the Regulation. The unlikely and unplanned character of such risks of such unauthorised access renders them unsuitable to be ex ante subjected to regime of Chapter V of the Regulation. It follows that for such potential and unplanned transfers a transfer tool under that Chapter is not required.“
Izvor: EDPS Decision on the Court of Justice of the EU’s request to authorise the contractual clauses between the Court of Justice of the EU and Cisco Systems Inc. for transfers of personal data in the Court’s use of Cisco Webex and related services, 13 July 2023 (Case 2023-0367):
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