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Cross-Border Data Transfers Under GDPR: Lessons From Uber’s €290 Million Fine

This infographic will provide you with:

  • Measures and processes your organization can adopt to ensure compliance with the GDPR’s provisions related to cross-border data transfers;
  • Appropriate alternatives to adopt in case the initially recommended safeguards and measures cannot be implemented;
  • Appropriate Securiti modules and products that can help your organization comply with various necessary international data transfer obligations per the GDPR.

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The Dutch DPA recently fined Uber a mammoth €290 million ($324 million), citing its violation of GDPR provisions related to cross-border data transfers. While Uber has since made public its intention to appeal the fine, this episode should reiterate the importance of adhering to the GDPR’s strict international data transfer obligations for others.

Securiti’s detailed infographic illustrates the critical steps all organizations can take to ensure their compliance with the GDPR’s cross-border data transfer requirements.

This infographic not only informs but also provides practical guidance on measures that can be implemented at once, thereby elevating an organization’s ability to continue their cross-border data transfers in a GDPR-compliant manner effectively.

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Cross-Border Data Transfers Under GDPR

Frequently Asked Questions

Here are some of the commonly asked questions related to the fine imposed by the Dutch DPA on Uber in August 2024:

Under the GDPR, organizations may only transfer data outside the EU's jurisdiction by relying on three mechanisms. These include an adequacy decision, appropriate safeguards such as binding corporate rules (BCRs), standard contractual clauses (SCCs), or specific derogations, which can only be used in the case of non-repetitive transfers. 

This investigation began after French Uber drivers complained about the company mishandling their sensitive data. The French data protection authority began its initial investigation. Then, it forwarded the complaint to the Dutch DPA since all such complaints must be forwarded to the DPA of the EU country where the alleged offending company is headquartered, which is the Netherlands in the case of Uber. 

Yes, Uber has disagreed with the decision and their plans to appeal the Dutch DPA's fine arguing that they had appropriate data protection mechanisms in place. Additionally, they contend that the transfer's legal basis was within the regulatory provisions. 

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