Enforcement Cooperation Arrangement Frequently Asked Questions
This page provides additional information about:
- the Arrangement, and
- submitting Notices of Intent.
FAQs about the Arrangement
Where can I find the formal documentation for the Arrangement?
‘On the website you can find the Enforcement Cooperation Resolution 2017 and the updated Global Cross Border Enforcement Cooperation Arrangement as updated in 2017 at the Hong Kong ICDPPC 39th conference.
What is the background of the Arrangement?
At the 36th Conference in 2014 the Conference adopted a Resolution on Enforcement Cooperation which built upon resolutions adopted at the 29th, 33rd and 35th Conferences and reports in 2013 and 2014 of a temporary working group.
A Group of Experts met in 2016-2017 to present a final report on how to proceed on legal and practical solutions to cooperation.
What does the Arrangement seek to do?
The Conference’s 2014 Resolution accepted the Global Cross Border Enforcement Cooperation Arrangement as a possible basis to facilitate enforcement cooperation. Amongst other things, the Arrangement:
- addresses information sharing, including the treatment by recipients of enforcement-related information;
- promotes common understandings and approaches to cross-border enforcement cooperation; and
- encourages authorities to coordinate cross-border cooperation and to assist other authorities.
Amongst other things, the Arrangement does not:
- replace other mechanisms for sharing information or to interfere with similar arrangements by other networks;
- create legally binding obligations or prevent any authority from cooperating with other non-participating authorities; or
- compel any authority to engage in any on enforcement activities or provide any confidential information.
Is participation in the Arrangement limited to accredited members of the International Conference?
No. Privacy enforcement authorities that are not members of the Conference may participate so long as they meet the eligibility criteria. In effect this allows an authority that is not accredited to the Conference to participate so long as it is a member, participant or designated authority in one of the following networks or arrangements:
- Council of Europe Convention 108;
- Global Privacy Enforcement Arrangement (GPEN);
- APEC Cross-border Privacy Enforcement Arrangement (CPEA); or
- EU Article 29 Working Party.
FAQs about submitting Notices of Intent
How are notices submitted under the Arrangement?
To submit a notice under the Arrangement an authority must use the electronic forms available on the Executive Committee’s website at https://icdppc.org. The notices will be received and verified by the Executive Committee Secretariat.
What is a Notice of Intent?
A Notice of Intent to participate in the Arrangement is an application to the Executive Committee indicating that a Privacy Enforcement Authority considers that it meets the eligibility criteria and wants to become a participant to the Arrangement.
What is a Notice of Commitment?
A Notice of Commitment is given by an authority that seeks to participate to the Arrangement, or an authority that has earlier become a participant, to indicate that the authority commits either to Schedule 1 of the Arrangement or to make other arrangements to ensure that each participant’s privacy and data protection requirements are fully observed.
When can a privacy enforcement authority submit a Notice of Commitment?
A Privacy Enforcement Authority may submit a Notice of Commitment at the same time that it submits a notice of intent or, if it prefers, after the authority has become a participant to the Arrangement.
To make the process easy for authorities intending to submit a Notice of Commitment at the same time as submitting a Notice of Intent, the electronic Notice of Intent has been designed automatically to expand to enable authorities to submit a combined notice.
Authorities that prefer to submit a Notice of Commitment at a later date can submit the standard Notice of Intent and later submit a separate Notice of Commitment.
Who should complete a Notice of Intent?
Notices should be submitted by a person authorised by the authority to do so. Any email contact given must be official authority addresses.
How long will it take to complete a notice or Intent?
It should take less than 10 minutes to complete and submit a Notice of Intent.
What happens after a Privacy Enforcement Authority completes and submits a Notice of Intent?
When an authority has completed and submitted its Notice of Intent it will receive a copy of the notice and automated acknowledgement. Upon receiving a Notice of Intent the Secretariat will verify the authority’s eligibility to participate in the Arrangement. If the authority meets the eligibility criteria then the Secretariat will add the authority to the list of participants.
Will the list of participants be publicly available?
Yes, the list of participants will be publicly available on the Executive Committee’s website. This list only contains basic participation and commitment details relating to authorities and does not include any contact information or any personal information submitted on a Notice of Intent.
How can a participant withdraw from the Arrangement?
A participant can withdraw from the arrangement by submitting a Notice of Withdrawal to the Secretariat.
FAQs about the list of participants
Who is a participant to the arrangement?
Current participants are shown at the list of participants.
What is the date of acceptance on the list of participants?
The date of acceptance refers when the Executive Committee Secretariat notified the privacy enforcement authority that it had met the criteria for participation.
Can an authority record a change of name on the list of participants?
Participants should notify the Executive Committee Secretariat if the authority’s name is changed so that the list can be updated.