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European Union’s General Data Protection Regulation (GDPR) went into effect on May 25, 2018, bringing forth a series of obligations for entities that process the personal data of EU residents. Since its inception, the GDPR has tightened and strengthened the laws governing cross-border data transfers.
The GDPR allows for the cross-border transfer of personal data to countries or international organizations that are not part of the European Economic Area (EEA), as long as certain safeguards, such as adequacy decisions, appropriate safeguards, and derogations, are in place to ensure an essentially equivalent level of data protection.
Personal data transfers between EEA countries do not require any additional safeguards. According to the GDPR, the data controller must inform the data subject of the data transfer's objective at the time of collection and other elements such as the existence or absence of an adequacy decision, adequate measures, or derogations.
Codes of conduct detailing the implementation of the GDPR may be prepared by associations and other entities representing groups of data controllers or processors. Cross-border data transfers may be permitted if established norms of conduct are followed.
Cross-border data transfers may be possible results of data protection certification systems. Certifications are issued for three years and may be renewed after approval by the competent supervisory authority.
The GDPR allows enterprises to rely on specific derogations for cross-border data transfers when transferring data to a non-adequate nation, and there are no safeguards in place.
This GDPR Cross Border Data Transfers Impact Assessment guides you through a series of detailed information to help you understand what GDPR requirements you must meet.
Companies must comply with numerous cross-border data transfer procedures to continue collecting and processing data as cross-border legislation evolves.
To ensure business continuity and expansion, companies must change to a framework that can efficiently simplify cross-border data management worldwide using data intelligence technology and a global standard controls framework.
Organizations must conduct a transfer impact assessment and ensure that international data transfers are only made where the GDPR, applicable EU court rulings, and supervisory instructions are followed.
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Here are some other frequently asked questions users generally have on the topic:
The GDPR's entire purpose is to protect the personal data of EU citizens and residents. As a result of its "extra-territorial effect," the law applies to firms that handle such data whether or not they are based in the EU.
The GDPR allows data controllers to rely on specific derogations for cross-border data transfers when transferring data to a non-adequate nation with no protections in place. The protection provided by the GDPR follows the data, which means that the regulations governing personal data protection apply regardless of where the data travels.
It’s a series of checkmarks that must be completed by either the data importer or the data exporter as part of the data transfer. It explains the risks your company faces if it transfers EU residents' data to nations that are not GDPR-compliant.
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