Adequacy Assessment

Definition

The process by which a data protection authority or regulatory body evaluates whether a foreign country provides an adequate level of data protection compared to the exporting jurisdiction. This assessment examines the country's legal framework, enforcement mechanisms, individual rights, and practical implementation of privacy protections. Think of it as a report card for a country's privacy regime. The assessment considers both laws on the books and how they're enforced in practice, including government access to data, judicial oversight, and available remedies. A positive assessment leads to an adequacy decision, allowing data to flow freely to that country. The assessment process is thorough and ongoing—adequacy can be revoked if conditions change.

Applicable Laws & Regulations

  1. 1GDPR Article 45 - Transfers based on adequacy decision
  2. 2GDPR Article 45(2) - Adequacy assessment criteria
  3. 3GDPR Article 45(3) - Ongoing monitoring of adequacy decisions

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