5 key resources to mitigate the risk of international data transfers following the Schrems II judgement

5 key resources to mitigate the risk of international data transfers following the Schrems II judgement

Navigating through the international data transfer regime was never easy but it's now a minefield, following the decision of the European Court of Justice in Schrems II. There’s no sign of substantive guidance from the ICO on what to do following the Schrems II judgment, so to help you we’ve developed a range of tools, including a new Practice Note on practical compliance, two new Flowcharts and a Precedent assessment for your international data transfers. We’ve also added international Getting the Deal Through guidance on data protection and government investigations.

These new materials are intended for in-house lawyers, privacy and compliance professionals in private sector commercial organisations in the UK.

Practice Note: International data transfers—practical compliance sets out the legal and practical challenges organisations face when transferring data outside the UK/EEA and suggests some risk management measures you may wish to adopt.

Precedent: International personal data transfer—assessment suggests a methodology for assessing an existing or proposed international personal data transfer. It encourages you to consider the potential international transfer mechanisms under the GDPR in a logical order, starting with an adequacy decision, then appropriate safeguards including standard contractual clauses (SCCs) and binding corporate rules (BCRs) and concluding with derogations (exceptions).

If you’d prefer a visual representation of how to interpret the GDPR on international data transfers, see:

  1. • International data transfers—flowchart
  2. • Standard contractual clauses and binding corporate rules—flowchart

These new materials reflect the GDPR, Information Commissioner’s Office (ICO) guidance on International transfers, together with European Data Protection Board (EDPB) Guidelines on Article 49 of the GDPR and FAQs on the judgment in Schrems II.

If you find yourself in the unenviable position of having to assess the adequacy of the data protection regime in a non-UK/EEA country, our Getting the Deal Through (GTDT) guides will provide a useful starting point:

  1. • Getting the Deal Through: Data Protection & Privacy 2021
  2. • Getting the Deal Through: Government Investigations 2021

So far as possible, we’ve designed Precedent International personal data transfer—assessment to dovetail with the information set out in these GTDT guides.

We’ll continue to develop more materials in this area, including a questionnaire for the proposed data recipient with a range of questions about their data protection regime. You’ll find all of these materials in subtopic: International transfers of personal data.

Find out more on the in-house page here

 

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About the author:

Louisa leads marketing for the in-house legal community at LexisNexis. She joined the dedicated in-house team at LexisNexis four years ago and has a passion for driving and facilitating initiatives which are customer-focused at their heart. Her vision is to support in-house counsel succeed in their fast-evolving role based on deep insight, data analysis and best practice gathered across the in-house community.

Prior to her in-house focused role, Louisa led the marketing for the bar and mid-market private practice sectors as well as product marketing lead for LexisPSL - LexisNexis' cloud based, practical guidance and legal research software solution.

She brings 20 years' marketing experience both client and agency side, specialising in B2B marketing in the Legal, TMT (Telco, Media and Technology) and Financial Services industries. In both South Africa, Europe and the UK.

Louisa is also an active member on the LexisNexis Gender Equality Matters (GEM) steering committee and is involved with the Families at LexisNexis Group which brings together, supports and lobbies for change those with an interest in balancing the challenges of work and family.