EU GDPR—transfers of personal data internationally and to international organisations

The following Information Law practice note provides comprehensive and up to date legal information covering:

  • EU GDPR—transfers of personal data internationally and to international organisations
  • In brief
  • Scope of this Practice Note
  • Obligations on data exporters under the EU GDPR
  • Identifying a transfer that is restricted by Chapter V
  • Is personal data involved?
  • Does the EU GDPR apply?
  • What is the scope of the Chapter V restrictions?
  • Is it a restricted transfer in practice?
  • Personal data in transit
  • More...

EU GDPR—transfers of personal data internationally and to international organisations

This Practice Note provides a more in-depth analysis of international transfers under the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) than the introductory Practice Note: UK GDPR and EU GDPR—transfers of personal data internationally and to international organisations. If you are unfamiliar with this topic, you may wish to read that Practice Note first.

In brief

Data protection law in the EEA seeks to ensure information about living individuals (ie within the definition of ‘personal data’) is used fairly and responsibly. To help ensure that, the EU GDPR imposes a large number of obligations on those undertaking or controlling the ‘processing’ of personal data. In summary, ‘processing’ includes doing almost anything with personal data, including storing, sharing, deleting, using or transferring it.

One of the key protections under the EU GDPR is a restriction on the transfer of personal data to:

  1. any country or territory outside the EEA (known as a ‘third country’), or

  2. an organisation and its subordinate bodies governed by public international law or any other body which is set up by, or on the basis of, an agreement between two or more countries (an ‘international organisation’)

That restriction on transfers is to ensure the protection granted to personal data in EEA travels with the data wherever it goes. The restriction also applies to

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