European Data Protection Law and Regulation - International Data Transfers

6 important questions on European Data Protection Law and Regulation - International Data Transfers

When is personal data allowed outside the EEA?


  1. The third county ensures an adequate level of protection
  2. The controller or processor provides appropriate safeguards
  3. Use of one of the derogations for specific situations

When should an international personal data exchange be considered as a transfer?

When the intention exists of processing that personal data after the exchange.

In which situations does the GDPR not apply with regards to international data exchange?

  1. Technical routing of packet-switch technology, such as internet and email and web pages.
  2. Electronic access to personal data by travellers
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Which elements does the Commission take into consideration when assessing the adequacy of the level of protection?

  1. The rule of law, respect for human rights and fundamental freedoms, including rules for the onward transfer of personal data, effective and enforceable data subject rights.
  2. Effective functioning of one or more DPA’s.
  3. International commitments the country has entered into, or other obligations arising from legally binding conventions or instruments.

Art 45(2)

How is the commission guided in designating countries with adequate protection?

By the criteria set out by the WP29 in its Adequacy Referential.

Which mechanism is available for multinationals for international data transfers?

BCRs

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