Transfer Impact Assessment (TIA)

An analysis organizations must conduct before international personal data transfers to evaluate whether the destination jurisdiction's legal framework, particularly government surveillance laws, undermines the protections provided by transfer mechanisms like Standard Contractual Clauses. TIAs became critical following the Schrems II decision, which invalidated Privacy Shield and emphasized that merely signing SCCs isn't sufficient if destination country laws enable government access that's incompatible with EU fundamental rights. A thorough TIA should: examine destination country laws regarding government data access, assess practical likelihood of authorities demanding access, evaluate available legal remedies and oversight, determine whether supplementary measures can address identified risks, and document the analysis and conclusions. Supplementary measures might include: end-to-end encryption, data minimization, pseudonymization, splitting data across jurisdictions, or contractual commitments. Organizations should: conduct TIAs before establishing new transfers, review TIAs periodically as laws change, document assessments thoroughly, implement identified supplementary measures, and reconsider transfers if adequate protection isn't achievable. TIAs apply to all transfer mechanisms, not just SCCs.