Best Available Techniques
Definition
In the context of GDPR, Best Available Techniques (BAT) 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.
In the context of European Sustainability Reporting Standards, Aacording to Article 3 point 10 of Directive 2010/75/EU Best Available Techniques (BAT) means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques for providing the basis for emission limit values and other permit conditions designed to prevent and, where that is not practicable, to reduce emissions and the impact on the environment as a whole:
- techniques includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;
- available techniques means those developed on a Scale which allows implementation in the relevant industrial 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; and
- best means most effective in achieving a high general level of protection of the environment as a whole.
