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What are the GDPR requirements for international data transfers?

 

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What are the GDPR requirements for international data transfers?

The General Data Protection Regulation (GDPR) is a comprehensive set of rules governing the transfer of personal data outside of the European Union (EU). The GDPR outlines the conditions for transferring personal data outside of the EU in Chapter 5. Article 44 of the GDPR outlines the general principles for the international transfer of personal data, which states that such data transfers can only take place if the conditions of Chapter 5 are met. The GDPR requirements for international data transfers are designed to protect the personal data of EU citizens and ensure that it is treated with the same level of protection as it would be within the EU. The GDPR requires that all data controllers and data processors must ensure that the transfer of personal data outside of the EU is done in a secure manner. The GDPR requires that the transfer of personal data outside of the EU can only take place if the conditions of Chapter 5 are met. This includes: -The transfer is made on the basis of a European Commission adequacy decision. The European Commission can make an adequacy decision if a third country or international organisation offers an adequate level of data protection. -The transfer is subject to appropriate safeguards under Article 46, including Standard Contractual Clauses (SCCs), Codes of Conduct and Approved Certification Mechanisms. SCCs are contractual clauses that must be included in any agreement between a data controller and a data processor that involves the transfer of personal data outside of the EU. -The transfer is subject to Binding Corporate Rules (BCRs). BCRs are a set of rules that must be implemented by a company or group of companies when transferring personal data outside of the EU. -The transfer relies on a derogation. Derogations are exceptions to the GDPR that allow for the transfer of personal data outside of the EU in certain circumstances. The GDPR also requires that data controllers and data processors must ensure that any third party they are transferring personal data to is compliant with the GDPR. This includes ensuring that the third party has adequate security measures in place to protect the personal data that is being transferred. In addition, data controllers and data processors must also ensure that any third party they are transferring personal data to is compliant with the GDPR’s principles of data protection by design and by default. This means that the third party must implement technical and organisational measures to ensure that the personal data is protected from unauthorised access or processing. The GDPR also requires that data controllers and data processors must provide individuals with certain information about the transfer of their personal data outside of the EU. This includes informing individuals of the risks associated with the transfer, the measures that have been put in place to protect the data, and the rights that the individual has in relation to the transfer. In summary, the GDPR requirements for international data transfers are designed to ensure that the personal data of EU citizens is treated with the same level of protection as it would be within the EU. Data controllers and data processors must ensure that the transfer of personal data outside of the EU is done in a secure manner and in accordance with the GDPR’s principles of data protection by design and by default. They must also provide individuals with certain information about the transfer of their personal data outside of the EU. .



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