Data Transfer Agreements and GDPR: What You Need to Know
The General Data Protection Regulation (GDPR) came into effect on May 25, 2018, and with it came a range of requirements for organizations that process personal data of EU citizens. One of the most significant requirements is related to data transfers, where personal data is transferred from the EU to other countries or international organizations.
To comply with GDPR, organizations must ensure that the data transfers they conduct are lawful and have adequate protection for the personal data involved. This is where data transfer agreements come in.
What is a Data Transfer Agreement (DTA)?
A Data Transfer Agreement (DTA) is a legal agreement between two organizations that facilitates the transfer of personal data from one organization to another. There are two types of DTAs that are recognized under GDPR – Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs).
SCCs are pre-approved contractual clauses that are designed to ensure adequate protection for personal data transferred from the EU to third countries. They outline the responsibilities and obligations of both the data exporter (the organization that sends the data) and the data importer (the organization that receives the data).
BCRs, on the other hand, are internal rules that are created by multinational organizations that have operations in the EU and transfer personal data to other entities within the organization. BCRs are binding and enforceable by data protection authorities.
Why are DTAs Necessary?
DTAs are necessary to ensure the transfer of personal data is lawful and complies with GDPR. When personal data is transferred from the EU to a third country, it is subject to the data protection laws of that country. GDPR requires that those laws must provide an adequate level of protection for personal data that is equivalent to EU data protection standards.
If the third country`s data protection laws do not meet the standard, the organization must implement additional measures to ensure that adequate protection exists for the personal data during the transfer. This is where SCCs and BCRs come into play.
SCCs and BCRs provide a level of assurance that adequate protection measures are in place, and personal data transfers are compliant with GDPR.
What Should Organizations Do?
Organizations that transfer personal data from the EU to other countries must ensure that they have a lawful basis for the transfer. They must also ensure that the transfer meets GDPR requirements, including adequate protection for the personal data.
Organizations that use SCCs or BCRs should ensure that they have implemented them correctly and that they are up-to-date. They should also regularly review their data transfer processes to ensure they comply with GDPR and any other applicable data protection laws.
In conclusion, DTAs are an essential aspect of GDPR compliance where organizations need to transfer personal data from the EU to other countries. By implementing SCCs or BCRs, organizations can ensure that they comply with GDPR requirements and provide adequate protection for personal data. As a professional, it is important to understand the impact of GDPR on data transfer agreements and ensure that any content related to this topic is accurate and up-to-date.