Transfer Mechanism

A legal tool enabling international personal data transfers from jurisdictions with comprehensive privacy laws to those without equivalent protections, ensuring transferred data maintains appropriate safeguards. GDPR Chapter V recognizes several transfer mechanisms: adequacy decisions (Commission determination that destination provides adequate protection), Standard Contractual Clauses (pre-approved contract templates), Binding Corporate Rules (internal group policies approved by authorities), approved codes of conduct or certifications, specific derogations for particular situations (explicit consent, contract necessity, public interest, vital interests, legal claims, public registers), ad hoc contractual arrangements, and international agreements. Post-Schrems II, organizations must supplement transfer mechanisms with additional protections when destination laws threaten transferred data. Organizations should: identify all international transfers in their processing, select appropriate transfer mechanisms for each, implement required documentation, conduct Transfer Impact Assessments, apply supplementary measures when needed, and maintain evidence demonstrating transfer compliance. The transfer mechanism landscape continues evolving as courts and regulators scrutinize cross-border flows.