When can personal data be transferred outside the European Union?

When can personal data be transferred outside the European Union?

Data protection legislation prohibits the transfer of personal data to countries outside the European Economic Area (EEA) unless: The country in question has been deemed by the European Commission to provide an adequate level of protection for personal data; or.

Can EU data be transferred to the US?

Commercial sector: EU-US Privacy Shield In its judgment of 16 July 2020 (Case C-311/18), the Court of Justice of the European Union invalidated the adequacy decision. The EU-US Privacy Shield is therefore no longer a valid mechanism to transfer personal data from the European Union to the United States.

In which circumstances can a transfer of data happen outside the EEA?

Personal data can only be transferred to countries outside the EEA if so-called ‘appropriate safeguards’ are in place and data subjects have enforceable rights and effective legal remedies. Appropriate safeguards may include the use of standard data protection clauses approved by the European Commission.

Can an Organisation transmit personal data to any country?

A legally binding and enforceable instrument between public authorities or bodies: An organisation can make a restricted transfer if it is a public authority or body and is transferring to another public authority or body, and with both public authorities having signed a contract or another instrument that is legally …

Can personal data be transferred outside UK?

The UK GDPR restricts the transfer of personal data to countries outside the UK or to international organisations. These restrictions apply to all transfers, no matter the size of transfer or how often you carry them out.

Are there restrictions on the transmission of data outside of the country?

To date, there is no country that imposes an economy-wide ban on the transfer of all data abroad, regardless of the nature of the data. However, some jurisdictions impose bans on the transfer of specific sets of data.

What constitutes a transfer of personal data?

Data transfer is an intentional sending of personal data to another party or making the data accessible by it, where neither sender nor recipient is a data subject. This is also proved by the fact that both these operations are listed separately from each other in the definition of “personal data processing” in art.

Can data be transferred overseas?

As with the Data Protection Act 1998, the General Data Protection Regulation (“GDPR”) imposes restrictions on the transfer of personal data to a third country or international organisation outside of the EU.

What is an EEA transfer?

EU data protection rules apply to the European Economic Area (EEA), which includes all EU countries and non-EU countries Iceland, Liechtenstein and Norway. When personal data is transferred outside the European Economic Area, special safeguards are foreseen to ensure that the protection travels with the data.

Can personal data collected in the UK be transferred outside the European Union?

What are the restrictions on international transfers? The UK GDPR restricts the transfer of personal data to countries outside the UK or to international organisations. These restrictions apply to all transfers, no matter the size of transfer or how often you carry them out.

Are international transfers allowed with countries covered by an adequacy decision?

Is the restricted transfer covered by ‘adequacy regulations’? You may make a restricted transfer if the receiver is located in a third country or territory or is an international organisation, covered by UK “adequacy regulations”.

Can EU data be stored in the UK?

Yes. Now the EU has an approved adequacy decisions for the UK, most EEA processors will be able to send personal data back to UK controllers with no restrictions. Data transferred from the EEA to the UK for the purposes of UK immigration control is not included in the GDPR adequacy decision.

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