Commission Implementing Decision (EU) 2025/1382 of 15 July 2025 pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council on the adequate protection of personal data by the European Patent Organisation (notified under document C(2025) 4626)

• CELEX: Implementing Decision (EU) 2025/1382
• Articles: 4

Article 1

For the purpose of Article 45 of Regulation (EU) 2016/679, the European Patent Organisation ensures an adequate level of protection for personal data transferred from the Union to the European Patent Organisation.

Article 2

Whenever the competent authorities in Member States, in order to protect individuals with regard to the processing of their personal data, exercise their powers pursuant to Article 58 of Regulation (EU) 2016/679 with respect to data transfers falling within the scope of application set out in Article 1, the Member State concerned shall inform the Commission thereof without delay.

Article 3

1.   The Commission shall continuously monitor the application of the European Patent Organisation’s legal framework upon which this Decision is based with a view to assessing whether the European Patent Organisation continues to ensure an adequate level of protection within the meaning of Article 1.

2.   The Member States and the Commission shall inform each other of cases where the European Patent Organisation fails to ensure compliance with the legal framework upon which this Decision is based.

3.   At least every four years, the Commission shall evaluate the finding referred to in Article 1 on the basis of all available information, including the information received as part of a review carried out together with the European Patent Organisation.

4.   Where the Commission has indications that an adequate level of protection is no longer ensured, the Commission shall inform the European Patent Organisation thereof. If necessary, the Commission may decide to suspend, amend or repeal this Decision, or limit its scope, in accordance with Article 45(5) of Regulation (EU) 2016/679.

The Commission may also suspend, repeal or amend this Decision if the lack of cooperation of the European Patent Organisation prevents the Commission from determining whether the assessment referred to in Article 1 of this Decision is affected.

Article 4

This Decision is addressed to the Member States.