The Intersection of GDPR Article 3 and Chapter V: Real-world Scenarios of International Data Transfers
In this infographic, you will learn the following:
- The territorial scope of GDPR, as defined under article 3.
- The principles and mechanisms of international data transfers, as per chapter V.
- The criteria to qualify a processing Operation as a transfer.
- 12 real-world scenarios of international data transfers.
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The European Data Protection Board (EDPB) published a guideline on the interaction between the General Data Protection Regulation (GDPR) article 3 and the provisions provided under chapter V. To give you a recap, article 3 of the GDPR discusses the added territorial scope of the regulation concerning non-European (EU) controllers and processors if they target or monitor EU individuals. Chapter V, on the other hand, lists the key principles and mechanisms for cross-border data transfers.
Before the guidelines were introduced, the GDPR had no definition concerning what constitutes a transfer of an individual’s personal data to international countries or third-party organizations outside the EU. However, the EDPB guideline on the interplay between article 3 and chapter V attempts to answer this question by setting out specific criteria that qualify a processing operation as a transfer, along with a comprehensive set of real-world examples.
Download the infographic to check out those real-world examples of cross-border transfer between EU nations and Non-EU controllers or processors.
Frequently Asked Questions
EDPB guidelines are a set of recommendations provided by the European Data Protection Board. The EDPB is an independent entity that is established and supervised by the European Data Protection Supervisor and certain representatives of the regulatory authorities. These guidelines seek to provide practical guidance on implementing the GDPR and other European regulations.
Titled, Territorial Scope, article 3 of the GDPR regulates that non-EU controllers and processors need to comply with the regulations of the EU GDPR if they offer products and services to individuals in the EU or run targeted advertisements or monitor the behavior of EU individuals.
As the title suggests, chapter V of the GDPR provides controllers and processors with the principles and mechanisms for EU and international data transfers. It states that data transfers can only take place if the recipient business or the country provides an adequate level of protection to that of GDPR. In the absence of adequate protection, appropriate safeguards such as binding corporate rules (BCRs), standard contractual clauses (SCCs), or other binding instruments must be leveraged.
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