Best Available Techniques

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Definition

In the context of GDPR, Best Available Techniques refer to the most effective and advanced stage in the development of activities and their methods of operation, which indicate the practical suitability of particular techniques for providing in principle the basis for complying with the EU data protection framework. They are designed to prevent or mitigate risks on privacy and security.

Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control provides for the following definitions, which could be applied by analogy:

  • "techniques" shall include both the technology used and the way in which the system is designed, built, maintained, operated and replaced;
  • "available" techniques shall mean those developed on a scale which allows implementation in the relevant sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether or not the techniques are used or produced inside the Member State in question, as long as they are reasonably accessible to the operator;
  • "best" shall mean most effective in achieving a high general level of protection.

References