Federation of the European Sporting Goods Industry

FESI feedback – Report on the General Data Protec9on Regula9on February 2024 FESI – Federa+on of the European Spor+ng Goods Industry Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org 1. Exercise of data subject rights Please provide information on the compliance with the data subject rights listed below, including on possible challenges (e.g. manifestly unfounded or excessive requests, difficulty meeting deadlines, identification of data subjects, etc.): -Information obligations, including the type and level of detail of the information to be provided (Articles 12 to 14) -Access to data (Article 15) -Rectification (Article 16) Erasure (Article 17) -Data portability (Article 20) -Right to object (Article 21) -Meaningful explanation and human intervention in automated decision making (Article

…20) -Right to object (Article 21) -Meaningful explanation and human intervention in automated decision making (Article 22) Where possible please provide a quantification and information on the evolution of the exercise of these rights since the entry into application of the GDPR. Regarding the exercise of data subject rights, from the controllers and processors perspective, the requirements around these requests are often very extensive and it is often very difficult to assess the actual needs behind the requirements. This is also frequently due to a lack of clarity from the data subject when they exercise their rights (regarding the scope for instance). This especially the case when it comes to employee DSRs.

…they exercise their rights (regarding the scope for instance). This especially the case when it comes to employee DSRs. 2. Experience with Data Protection Authorities (DPAs) What is your experience in obtaining advice from DPAs? It seems that national DPAs are more focused on enforcement rather than providing guidance which makes them less approachable. Report on the General Data Protec0on Regula0on FESI response to call for feedback February 2024 Ref. Ares(2024)972201 - 08/02/2024 FESI feedback – Report on the General Data Protec9on Regula9on February 2024 FESI – Federa+on of the European Spor+ng Goods Industry Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org How are the guidelines adopted so far by the EDPB supporting the practical application of the GDPR? While EDPB guidance is very frequent, practical, and useful, this is…

In certain instances, there is even conflicting information when comparing EDPB and national DPA guidance. 3. Experience with accountability and the risk-based approach What is your experience with the implementation of the principle of accountability? Regarding accountability and the risk-based approach, especially international transfers have been a point of “resource drain” due to the fact that the legal situation is unclear. Therefore, a large amount of resources is invested in this “contractual compliance” exercise requirement rather than on general privacy compliance. More long-term legal certainty for companies regarding what is coming next from a regulatory perspective would be welcomed. An example for instance relates to the adequacy of the US and specific guidance there, but also more general guidance which is principle based. This will allow companies to take a risk-based…

…but also more general guidance which is principle based. This will allow companies to take a risk-based approach. 4. International transfers Are you making use of the Standard Contractual Clauses for international transfers adopted by the Commission? If yes, what is your experience with using these Clauses? Yes our members or making use of the Standard Contractual Clauses. However, they are encountering several challenges: • Hierarchy: It should be made clear what prevalence of the SCCs for Transfers and what conflict with provisions of any agreement in place between the parties mean exactly. For example, the agreement might say that a data breach shall be notified within 24 hours whereas SCC follow GDPR and say “without undue delay”. • Obligation of the data importer to exhaust all available remedies to challenge a request for disclosure if there are grounds to do so: Exhausting all…

…whether a recourse has a suspensive effect as otherwise the disclosure would be required anyway pending its resolution. 5. Fragmentation/use of specification clauses Please specifically identify the area in which you consider there to be fragmentation and whether it is justified. Regarding the interaction between GDPR and new initiatives under the Data Strategy, the main point of concern is uniformity. From a legal certainty perspective it is, for instance, of importance that definitions are aligned, and consistency is achieved as much possible to ensure legal certainty. FESI feedback – Report on the General Data Protec9on Regula9on February 2024 FESI – Federa+on of the European Spor+ng Goods Industry Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org

Industry Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org 6. Any other comments and/or questions? The sharing of information in the context of tackling counterfeit goods (online and offline) is crucial. While GDPR has brought forward certain benefits through giving individuals more control over their personal data, this in turn however has unfortunately also led to empowering rogue sellers and traders. Moreover, rightsholders have and continue to be prevented from obtaining information that can be useful for investigating the identity of suppliers of illegal products as different parties across the value chain. This is also the case with a number of law enforcement authorities across the EU as they use the GDPR as the basis as to why they can’t share such information. There is a clear legitimate interest to stop and prevent…

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FESI Draft response to the EC PPWR proposal: V 1.0 27 March 2023 FESI – Federation of the European Sporting Goods Industry Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org 1. Free Movement, Harmonisation and Labelling • We support proposed harmonization of labelling requirements for packaging and related waste receptables as a first step towards scaling of sustainable packaging and waste management across the EU as well as minimizing internal market fragmentation. • Recommendation for further strengthening the harmonization via: o Prohibition of additional voluntary and diverging national labelling schemes to prevent a proliferation of labels & consumer confusion (following the introduction of new labels, considerable time is needed for developing a thorough consumer understanding and recognition.

…of new labels, considerable time is needed for developing a thorough consumer understanding and recognition. o Mandating the use of one harmonized EPR scheme logo (ideally via e-labelling solutions, directing users to relevant information in their local language(s)) o Adoption of e-labelling solution for harmonized packaging labels: ▪ EU could develop a single URL or QR code containing all necessary material sorting information. ▪ Brand Owners/Packaging Products can place this single URL/code on in- scope packaging. ▪ When a consumer or end -user uses the URL/QR code, the user would be directed automatically to the pertinent information, already translated into local language(s).

…code, the user would be directed automatically to the pertinent information, already translated into local language(s). PROs could be an important partner here, “hosting” relevant material information on their sites as part of their marketing/outreach efforts (as required by the new proposal), and a value-add to Brand Owners that are members of the PRO. • Recommendation to provide for longer, more realistic implementation timelines to avoid the destruction of existing packaging. o The new harmonized labelling rules will have to be applied 42 months after entry into force while the Commission is required to design and publish the relevant labels within 18 months.

…after entry into force while the Commission is required to design and publish the relevant labels within 18 months. FESI response to the EC PPWR proposal 27 March 2023 FESI, the Federation of the European Sporting Goods Industry, welcomes the opportunity to provide feedback on the Inception impact assessment on the review of the requirements for packaging and other measures to prevent packaging waste. The points below, summarise the key arguments from the Sporting goods sector on the requirements for packaging and packaging waste and how to develop pragmatic and enforceable actions. Ref. Ares(2023)2206768 - 27/03/2023 Page 2 of 3 FESI – Federation of the European Sporting Goods Industry House of Sport Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org This would leave the sector 2 years for placing the new labels on packaging.

…[email protected] Web: www.fesi-sport.org This would leave the sector 2 years for placing the new labels on packaging. Considering that certain types of packaging have a lead time of 2 years from ordering to final placing on the market, this may create some challenges to affix the new labels on already ordered packaging. Furthermore, any delay in providing the label, would increase these challenges, which may lead to packaging destruction due to non-compliance. We recommend allowing for an additional 6 month transition time following the publication of the new label. o Drawing from the experience under the implementation of the SUP, where the complexity of designing a label led to a delay, considerably reducing the intended implementation time granted by the co-legislators to stakeholders, we recommend making use of flexible implementation deadlines.

…time granted by the co-legislators to stakeholders, we recommend making use of flexible implementation deadlines. The implementation time would begin once the final label is published in the EU OJ. 2. Reusable Packaging Requirements • Requirements for mandatory use of reusable packaging between own sited and within Member States: we would support 2 years instead of 1 year implementation time due to potential challenges from packaging lead time of 2 years. • E-Commerce target although low, remains a challenge due to market set-up: o Environmental benefits can be best achieved if one harmonised, scalable solution is used by logistics providers. o Recommendation to provide for further harmonization or harmonizing incentives o General support of providing an incentive in this area via a target if one, scalable solution is available (modelled after Euro-pallet / containers) • Recommendation…

…in the EU via E-Commerce solutions. • Straps for stabilization: need to ensure that the functionality is secured. 3. Packaging Minimization When reducing empty space to a minimum, we should take into consideration that the void inside products (e.g. within footwear) is not counted as empty space though it could be filled with paper or other material which according to the Regulation would be perceived as “empty space”.

…it could be filled with paper or other material which according to the Regulation would be perceived as “empty space”. 4. Recyclability Support for Commission’s aim to ensure improvement of recycling infrastructure and to address the need for actual recycling at scale, beyond theoretical recycling. We recommend providing further incentives for investments in infrastructure across the Union and to allow for the movement of packaging waste to recycling facilities across the Union. Page 3 of 3 FESI – Federation of the European Sporting Goods Industry House of Sport Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org

…of Sport Avenue des Arts 43, B-1040 Brussels Tel: +32 (0)2 762 86 48 Email: [email protected] Web: www.fesi-sport.org 5. Minimum recycled Content Requirements The targets set for 2030 and 2040 are reasonable from our point of view. But we recommend exempting reusable plastic packaging (at least for a transition period) from the minimum recycled content requirements. Packaging required to ensure certain stability is challenging to substitute with recycled content. The use of recycled content can have an impact on the stability and longevity of reusable packaging boxes. *** Contact Jérôme Pero – FESI Secretary General Email: [email protected] Tel: +32 (2) 762 86 48 About FESI Founded in 1960 FESI - the Federation of the European Sporting Goods Industry represents the interests of approximately 1.800 sporting goods manufacturers (85% of the European market) through its National Sporting…

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