Am I allowed to transfer personal data internationally?
March 26, 2023 | 50,00 EUR | answered by Andrea Schlattmann
Dear Data Protection Lawyer,
My name is Tina Schulz and I work for an international company that regularly transfers personal data across borders. In the past, we have done this without major concerns, however, lately I have had increasing concerns regarding the legality of these data transfers.
Currently, we store and process personal data of customers and employees in different countries. This data includes sensitive information such as names, addresses, contact details, and in some cases even health data. So far, we have not taken any specific measures to ensure that these data are transferred internationally in accordance with data protection laws.
My concerns revolve around whether these data transfers comply with applicable data protection regulations and whether we may be potentially violating the law. I want to ensure that as a company, we respect and protect the privacy and rights of our customers and employees.
Therefore, I am wondering if it is legally permissible to transfer personal data internationally and what measures we can take to ensure that these data transfers are lawful. Are there specific data protection regulations that we need to comply with to ensure compliance with data protection laws?
Thank you in advance for your help and advice.
Best regards,
Tina Schulz
Dear Mrs. Schulz,
Thank you for your inquiry regarding the international transfer of personal data and your concerns regarding the legality of these data transfers. As a data protection lawyer, I can understand your worries and will be happy to assist you.
The transfer of personal data across borders is subject to the data protection laws of the countries involved as well as the requirements of the General Data Protection Regulation (GDPR) of the European Union. It is generally permissible to transfer personal data internationally, but certain conditions must be met to ensure a lawful data transfer.
According to the GDPR, personal data may only be transferred to countries outside the European Union if an adequate level of data protection is guaranteed. This can be ensured, for example, by the presence of EU Standard Contractual Clauses, Binding Corporate Rules (BCR), or an Adequacy Decision by the European Commission. If none of these measures have been taken, it is also possible to rely on the consent of the individuals concerned to enable a lawful data transfer.
It is important for your company to take measures to ensure that international data transfers comply with the applicable data protection regulations. This includes conducting a Data Protection Impact Assessment to identify potential risks for the individuals concerned and implement appropriate protective measures. Furthermore, you should ensure that your contracts with external partners and service providers who have access to personal data include the necessary data protection clauses.
There are also specific data protection regulations that you must comply with to ensure compliance with data protection laws. These may include, for example, the Privacy Shield arrangement for data transfers between the EU and the USA or compliance with the data protection laws of individual countries to which you transfer personal data.
Overall, it is important for your company to implement comprehensive data protection compliance to respect and protect the privacy and rights of your customers and employees. If you have any further questions or need assistance, I am happy to help.
Best regards,
Andrea Schlattmann, Data Protection Lawyer
