11.1 The Processor may not transfer or authorise the transfer of data to countries outside the EU and/or the European Economic Area (EEA) without the prior written consent of the Company. Where personal data processed under this Agreement are transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To do this, unless otherwise agreed, the parties rely on EU-approved standard contractual clauses for the transfer of personal data. Details of what “consent” is within the meaning of the UK GDPR can be found in the consent section. The specific obligations of the GDPR processor are set out below, which must be reflected in the agreement between the controller and the processor (or .dem processor and sub-processor). In addition, the structure of the new CCTs will be familiar to those who have used the existing CCS. Like the existing CLAs, the new CLAs initially consist of model clauses that the parties cannot amend. The standard clauses are followed by annexes that the parties must adapt according to the details of the specific data transfer. You can make a restricted transfer if you and the recipient have entered into a tailor-made contract for a specific restricted transfer that has been individually approved by the ICO. This means that if you are making a restricted transfer from the UK, the ICO must have approved the contract. You must do this by carrying out a risk assessment that takes into account the safeguards contained in this appropriate protection measure and the legal framework of the destination country (including the laws on access to data by public authorities). The UK GDPR restricts the transfer of personal data to countries outside the UK or to international organisations.
These restrictions apply to all transfers, regardless of the size of the transfer or how often you make them. (C) The Parties shall endeavour to implement a data processing agreement in accordance with the requirements of the applicable legal framework for data processing and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27. April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data; and repealing Directive 95/46/EC (General Data Protection Regulation). This does not apply to registries operated by private companies, such as credit reference databases .B. Exception 5: You must make the limited transfer to determine if you have a legal claim, to make a legal claim, or to defend a legal claim. If any of the UK SCAs are replaced or replaced by new standard data protection clauses in accordance with Article 46 of the UK GDPR and the related provisions of the 2018 DPA (“New UK CTCs”), the data importer may inform the data exporter and, from the date specified in this notice, amend the application of clauses 5 and 6 (as appropriate) to one or more transfers outside the United Kingdom. That: The transfer agreement must reflect the relevant binding requirements of the GDPR. Before you start reviewing or drafting the agreement, you must determine the data processing relationship between the parties, e.B whether the data is a joint controller of the controller, a controller of a processor or a processor of a sub-processor, or a combination of the above. These changes are likely to be an unwanted shock to U.S.
parent companies that are not directly subject to the GDPR. Essentially, the new CTCs carry risks and liability similar to those of the GDPR beyond the EU`s borders towards data importers in the US and other third countries. If it is covered by an exception, you can proceed with the restricted transfer. Of course, you still have to comply with the rest of the UK GDPR. If you upload personal data to a UK server which is then available via a website and you expect or expect the website to be accessible from outside the UK, you should treat this as a limited transfer. The new CLAs explicitly state that the data importer “must be able to demonstrate compliance with its obligations under these clauses”. As mentioned in the previous subsection “Schrems II Compliance”, the new CCTs also impose an obligation on the data importer to provide compliance documents to the competent supervisory authority upon request. Exception 6: You must make the restricted transfer to protect a person`s vital interests.
He does not need to be physically or legally able to give consent. You should only use them as genuine “exceptions” to the general rule that you should not make a restricted transfer unless it falls under the UK`s “adequacy rules” or there are appropriate safeguards in place. One. In the event of a transfer outside the EEA, clauses 3 and 4 shall apply to such transfer. A British company sells holidays in Australia. It sends the personal data of customers who have purchased the trips to the hotels they have selected in Australia to secure their bookings. This is a limited transfer. Second, in July 2020, the Court of Justice of the European Union (“CJEU”) issued a landmark ruling known as “Schrems II”5, recognising the adequacy of the protection offered by existing CCS for personal data transferred from the EU, while stressing that the laws of the recipient country could unduly undermine this protection.6 The CJEU found that: that parties to the agreement must assess whether local laws or practices would allow government agencies to exercise excessive access to the personal data transferred. If this is the case, the parties would be obliged to take “additional measures” to ensure a level of protection of personal data essentially equivalent to that of the GDPR. Therefore, the new CCTs were also partly necessary to strengthen the existing CCS. The legal framework for data transfers to a third country is constantly evolving.
Since the cross-border transfer of data is just as important for data exporting companies as it is for those importing data (e.B organisations established in Albania), a brief guide to the feasible options for this transfer is of great interest. So far, it has adopted two standard contractual clauses for data transfers from data controllers in the EU to controllers based outside the EU or the European Economic Area (EEA). The CLAs contain contractual obligations for you (the data exporter) and the recipient (the data importer) as well as rights for the persons whose personal data is transferred. Individuals can assert these rights directly against the data importer and the data exporter. Exception 2. Do you have a contract with the person? Is the limited transfer necessary to allow you to perform this contract? This data processing agreement has been adopted by ProtonMail DPA, which can be found on this page. Organizations can use the following document as part of their GDPR compliance. The new CLAs introduced various additional requirements for exporters and importers of data.
This section summarizes only the most important changes. The first three subsections below describe changes that streamline data transfer, and the last three cover updates that involve new and onerous obligations. They may make a limited transfer if it is covered by a legal instrument between authorities or bodies containing “appropriate safeguards”. .