Overview of International Data Transfers Rules under GDPR

This episode explores the complexities of international data transfers under GDPR, detailing the criteria established by the European Data Protection Board. It outlines the three criteria to determine when data crossing EU borders qualifies as a transfer under Chapter V of GDPR, along with discussions on adequacy decisions, the EU-US Data Privacy Framework, and practical applications of standard contractual clauses (SCCs). Binding corporate rules (BCRs) and limited exceptions, or derogations, are also explained as methods for legitimate data transfers without adequacy.

00:00 Introduction to International Data Transfers

00:34 Understanding GDPR's Transfer Criteria

01:36 Real-World Examples of Data Transfers

02:08 When Transfers Don't Count

03:23 Green Lights for Data Transfers: Adequacy Decisions

04:00 The EU-US Data Privacy Framework

05:34 Safeguards for Data Transfers

05:49 Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs)

07:20 Exceptions and Derogations

11:47 The Importance of Documentation

13:00 Risk Awareness and Conclusion