Conducting Transfer Impact Assessment under the EU GDPR.
Cross-border data transfers bring immense opportunity—but also complex compliance challenges under the EU GDPR.? When sending personal data to a "third country" (outside the EU/EEA), performing a Transfer Impact Assessment (TIA) is critical for protecting data subjects' rights and aligning with GDPR requirements.?
Why TIAs Matter: GDPR requires that data transferred out of the EU/EEA remains safeguarded. A TIA evaluates whether the recipient country ensures a data protection level equivalent to the GDPR. It assesses the potential risks and applies safeguards to secure the data.?
Key Steps to Consider Before Transferring Data:
1?.dentify Transfer Mechanism: Check if an adequacy decision by the European Commission covers the country. If not, you'll need Standard Contractual Clauses (SCCs) or another transfer mechanism.
2.Evaluate Local Laws & Practices: Assess whether laws or practices in the third country could undermine GDPR-level protections. This includes laws on surveillance, data access by authorities, etc.
?3?Document Your Findings: Provide a detailed analysis showing that appropriate safeguards are in place, highlighting how data security is maintained.
?4?.Implement Additional Safeguards: Use encryption, anonymization, or other measures where necessary to mitigate any identified risks.?
By conducting a robust TIA, you strengthen your data governance framework, build trust, and ensure compliance for data flows beyond the EU borders.