Table of Contents
What is considered a cross border data transfer?
A cross border data transfer refers to the transmission of personal data from one country to another. This can occur when personal data is sent from the country where it was collected to another country for processing or storage.
The most frequently used mechanism for legitimizing cross border data transfer
The most frequently used mechanism for legitimizing cross border data transfer is the use of standard contractual clauses (SCCs). These are contractual agreements between the data exporter and the data importer that provide adequate safeguards for the protection of personal data during the transfer.
Appropriate safeguards for cross border data transfer under the GDPR
Under the General Data Protection Regulation (GDPR), appropriate safeguards for cross border data transfer include:
- Standard contractual clauses (SCCs)
- Binding corporate rules (BCRs)
- Approved codes of conduct
- Approved certification mechanisms
- Explicit consent from the data subject
What constitutes an international data transfer?
An international data transfer refers to the transfer of personal data from the European Economic Area (EEA) to a country outside of the EEA. This includes transfers to countries that do not have an adequacy decision from the European Commission.
Conclusion
Cross-border data transfers present a complex legal puzzle for organizations. Understanding what constitutes a cross border data transfer, the mechanisms for legitimizing such transfers, and the appropriate safeguards under the GDPR is crucial for compliance and protecting the privacy rights of individuals.