Archive

19.
03
2021.

European Regulatory Roundup

EDPB & EDPS adopt joint opinion on the Data Governance Act (DGA)
The European Data Protection Board (‘EDPB’) issued, on 11 March 2021, together with the European Data Protection Supervisor (‘EDPS’) a joint opinion on the Data Governance Act (‘DGA’). The EDPB noted that the DGA aims to, among others, foster data availability by increasing trust in data intermediaries by strengthening data-sharing mechanisms across the EU, as well as promoting the reuse of public sector data. More specifically, the EDPB and the EDPS noted that the protection of personal data in the context of the envisaged data sharing is key and highlighted that the DGA should be aligned with the existing data protection rules outlined under the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’), as well as that the reuse of personal data held by public sector bodies should only be allowed if provided for under EU or Member State law. In addition, the EDPB and the EDPS recommended, among others, that ‘data altruism’ should be better defined, as well as that different procedures for inclusion of accountability rules should be explored.

You can read the joint opinion here.

EU Information exchange
The EU requires Member States to collect information from taxpayers and intermediary service providers regarding cross-border tax arrangements entailing a potential risk of tax avoidance. This information is centralised in a European database, accessible to all European tax administrations, in order to discourage ‘aggressive tax planning’.
The reporting requirements are set out in the Directive on Administrative Cooperation 2018/822 (DAC6), and European Member States had until 31 December 2019 to transpose the Directive into national legislation.
Cross-border arrangements established between 25 June 2018 and 30 June 2020 and subject to a reporting obligation needed to be reported by 31 August 2020 at the latest. For new arrangements (i.e., as from 1 July 2020), the deadline is 30 days after the earliest of:

  • The date that the arrangement has been implemented
  • The date that the arrangement has been made ready for implementation
  • When the first step in implementation has been made.

Due to the current circumstances resulting from the COVID-19 pandemic, the EU Council has agreed to extend both deadlines by up to six months, so the deadlines haves shifted to:

30 January 2021 – reportable cross-border arrangements established between 1 July and 31 December 2020
28 February 2021 – reportable cross-border arrangements established between 25 June 2018 and 30 June 2020.

It was up to the European Member States to freely decide on applying this extension possibility.
For arrangements established from 1 January 2021, no postponement will be granted and the normal reporting period of 30 calendar days will apply.

For procedural aspects and local specificities click here.
Source: cms.law

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