Opinion 13/2025 on Proposals for Council Decisions on the signing and conclusion of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws

on the Proposals for Council Decisions on the signing and conclusion of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws

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The European Data Protection Supervisor (EDPS) is an independent institution of the EU, responsible under Article 52(2) of Regulation 2018/1725 ‘With respect to the processing of personal data… for ensuring that the fundamental rights and freedoms of natural persons, and in particular their right to data protection, are respected by Union institutions and bodies’, and under Article 52(3)‘… for advising Union institutions and bodies and data subjects on all matters concerning the processing of personal data’.

Wojciech Rafał Wiewiórowski was appointed as Supervisor on 5 December 2019 for a term of five years. Under Article 42(1) of Regulation 2018/1725, the Commission shall ‘following the adoption of proposals for a legislative act, of recommendations or of proposals to the Council pursuant to Article 218 TFEU or when preparing delegated acts or implementing acts, consult the EDPS where there is an impact on the protection of individuals’ rights and freedoms with regard to the processing of personal data’.

This Opinion relates to (i) the Proposal for a Council Decision on the signing, on behalf of the European Union, of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws and (ii) the Proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws. This Opinion does not preclude any future additional comments or recommendations by the EDPS, in particular if further issues are identified or new information becomes available. Furthermore, this Opinion is without prejudice to any future action that may be taken by the EDPS in the exercise of his powers pursuant to Regulation (EU) 2018/1725. This Opinion is limited to the provisions of the Proposals that are relevant from a data protection perspective.

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Executive Summary

The EDPS is consulted by the Commission on its Proposals for Council Decisions on the signing and conclusion, on behalf of the European Union, of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws.

On 8 June 2023, the Council authorised the Commission to open negotiations towards an agreement with the UK on cooperation and exchange of information in competition matters. The negotiations were concluded at technical level in October 2024.

The objective of the agreement - which the EDPS welcomes - is to promote and provide a framework for cooperation and coordination in competition matters between the competition authorities of the EU and its Member States, of the one part, and of the UK, of the other part, with a view to the more effective enforcement of the competition laws of the EU and of the UK.

The EDPS welcomes that the agreement states that competition authorities in the EU may only share information with the UK competition authority to the extent that the sharing of that information is lawful under applicable EU data protection law.

The EDPS notes that information obtained by EU competition authorities from the UK competition authority may potentially be relevant for the opening of investigations by authorities competent for other fields within their respective mandates. Information sharing across regulatory silos is particularly important to foster cross-regulatory cooperation and consistency of enforcement actions in the EU.

The transfer of personal data from EU competition authorities to the UK competition authority does not require specific authorisations nor safeguards under Chapter V of Regulation 2016/679 and Chapter V of Regulation 2018/1725, by virtue of Commission Decision (EU) 2021/1772. Therefore, the EDPS recommends including a reference to Commission Implementing Decision (EU) 2021/1772 in a recital of both the Signing and the Conclusion Proposals.

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Contents

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THE EUROPEAN DATA PROTECTION SUPERVISOR,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (‘EUDPR’) , and in particular Article 42(1) thereof,

HAS ADOPTED THE FOLLOWING OPINION:

1. Introduction

1. On 19 May 2025, the European Commission issued:  a Proposal for a Council Decision on the signing, on behalf of the European Union, of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws (‘the Signing Proposal’) ; and  a Proposal for a Council Decision on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws (‘the Conclusion Proposal’) .

2. The objective of the Signing Proposal is to authorise the signing, on behalf of the Union, of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland regarding cooperation on the application of their competition laws (‘the Agreement’) .

3. The objective of the Conclusion Proposal is to approve the Agreement , which is presented as an Annex of both the Signing and Conclusion Proposals.

4. The purpose of the new Agreement is to give effect and supplement the rules on cooperation and coordination in the field of competition law and enforcement contained in the Trade and Cooperation Agreement between the EU and the United Kingdom of Great Britain and Northern Ireland (‘TCA’), in particular Article 361(4) of the TCA. It does so by promoting and providing a framework for cooperation and coordination in competition matters between the competition authorities of the EU and its Member States, of the one part, and of the UK, of the other part, with a view to the more effective enforcement of the competition laws of the EU and of the UK . The EU has entered into several other international agreements with other third countries pursuing similar objectives .

5. The EDPS welcomes the objective of the Agreement, namely to promote and provide a framework for cooperation and coordination in competition matters between the competition authorities of the EU and its Member States, of the one part, and of the UK, of the other part, with a view to the more effective enforcement of the competition laws of the EU and of the UK.

6. The EDPS was previously consulted and issued formal comments on the Recommendation for a Council Decision authorising the opening of negotiations on an agreement between the European Union and United Kingdom of Great Britain and Northern Ireland on cooperation and exchange of information in competition matters . On 8 June 2023, the Council authorised the Commission to open negotiations towards an agreement with the UK on cooperation and exchange of information in competition matters. The negotiations were concluded at technical level in October 2024.

7. The present Opinion of the EDPS is issued in response to a consultation by the European Commission of 20 May 2025, pursuant to Article 42(1) of the EUDPR. The EDPS welcomes the reference to this consultation in Recital 6 of the Signing Proposal and in Recital 5 of the Conclusion Proposal.

2. Sharing and use of information

8. The EDPS welcomes the inclusion in the Agreement of a reference to the fact that competition authorities in the EU may only share information with the UK competition authority, to the extent that the sharing of that information is lawful under applicable law, including that on confidentiality and data protection .

9. The EDPS recommends clarifying the meaning of the restriction on the sharing of personal data under Article 6(6) of the Agreement . In particular, by referring to the “subject-matter” in the wording of the provision, the Agreement may unduly limit the extent to which competition authorities in the EU and the UK can share personal data in the course of their investigations. Therefore, the EDPS recommends referring instead to the “purpose” for which the personal data were initially obtained, which would also be more aligned with the principle of purpose limitation .

10. The EDPS takes note of the information sharing limitation under Article 6(4) of the Agreement. The provision would limit the possibilities of competition authorities in the EU to share information obtained from the competition authority of the UK with other authorities in their Member State, without the prior written approval of competition authority of the UK. The EDPS notes that EU or Member State law may provide (currently or in the future) requirements for the exchange of case-related information between competition authorities and authorities competent in other fields (such as data protection supervisory authorities) . Information obtained by EU competition authorities from the UK competition may potentially be relevant for the opening of investigations by authorities competent for other fields within their respective mandates, as well as to ensure consistency of enforcement actions across regulatory silos.

3. International transfers of personal data

11. Any transfer of information containing personal data from the European Commission (in its capacity of competition authority of the EU) and competition authorities of EU Member States to the competition authority of the UK encompasses an international transfer of personal data in the meaning of Chapter V of Regulation (EU) 2016/679 (hereinafter ‘the GDPR’) and Chapter V of the EUDPR. Therefore, such transfer needs to rely on one of the grounds for transfers provided by Chapter V of the GDPR (in case personal data is transferred by competition authorities of EU Member States) or Chapter V of the EUDPR (in case personal data is transferred by the European Commission).

12. On 28 June 2021, the Commission adopted a decision recognizing that the United Kingdom ensures an adequate level of protection for personal data transferred within the scope of the GDPR from the European Union to the United Kingdom (the ‘adequacy decision’). 6

13. As previously highlighted by the EDPS , the Agreement would not as such provide for a ground for transfers of personal data within the meaning of the GDPR and the EUDPR for the purpose of administrative cooperation in competition matters. Instead, such a ground for transfers would be provided by the adequacy decision mentioned above.

14. The EDPS welcomes that the preamble of the Agreement and the Explanatory Memoranda of both Signing and Conclusion Decisions refer to the adequacy decision. The transfer of personal data by competition authorities in the EU to the competition authority of the UK would be covered by the adequacy decision. Therefore, the EDPS recommends including a reference to the adequacy decision in a recital of both the Signing and the Conclusion Proposals as allowing the lawful transfer of personal data from competition authorities in the EU to the competition authority of the UK.

4. Conclusions

15. In light of the above, the EDPS makes the following recommendations: (2) including a reference to Commission Implementing Decision (EU) 2021/1772 in a recital of both the Signing and the Conclusion Proposals. Brussels, 15 July 2025 (e-signed) Wojciech Rafał WIEWIÓROWSKI