International Data Transfer
Definition
The movement of personal data from one country or jurisdiction to another, subject to specific legal requirements ensuring continued data protection. International transfers are heavily regulated because data moving to other jurisdictions may escape the originating country's protections. GDPR restricts transfers outside the EEA unless adequacy decisions exist, Standard Contractual Clauses are used, Binding Corporate Rules apply, or other approved mechanisms are employed. Post-Schrems II, organizations must also assess the destination country's legal framework, particularly government access to data. Many countries have similar transfer restrictions. International transfers can be obvious (sending data to foreign servers) or subtle (foreign employees accessing data, cloud storage in multiple regions, or support teams in different countries). Organizations must map international data flows, implement appropriate transfer mechanisms, conduct transfer risk assessments, document transfer compliance, and monitor evolving transfer regulations and case law.
Applicable Laws & Regulations
- 1GDPR Chapter V (Articles 44-50) - Transfers of personal data to third countries
- 2Schrems II decision - Requirements for transfer assessments
- 3Various national data transfer restrictions