The following Information Law guidance note Produced in partnership with Fieldfisher LLP provides comprehensive and up to date legal information covering:
The General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), like its predecessor Directive 95/46/EC (the Data Protection Directive), only allows for the transfer of personal data outside of the EEA on condition that there are appropriate measures in place to ensure that the level of data protection, where the transfer is made to, is essentially equivalent to that provided under the GDPR.
However, in certain circumstances, a restricted international transfer may be permitted where the transfer is:
based on an adequacy decision
subject to appropriate safeguards, or
in accordance with specific derogations
Binding Corporate Rules (BCRs) are one mechanism that allow for data transfers outside of the EEA. They enable a group of companies to demonstrate appropriate safeguards when they transfer personal data globally between the group's entities. Once approved, BCRs provide entities of a multinational group of companies with an adequate transfer mechanism to send data outside the EEA to a country that does not have such an adequate level of protection itself. In addition, they provide a corporate group with a set of internal rules that define the group's global data protection standards. It is important to note that BCRs do not provide a basis for transfers made outside of the group.
For more information on the data export restriction under the GDPR, see Practice Note: International transfers of personal data under
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