Overview

This article ensures that personal data transfers to third countries or international organizations comply with GDPR. Transfers must maintain an equivalent level of protection for data subjects, and controllers and processors must follow the conditions set out in Chapter V, including provisions for onward transfers, to prevent undermining GDPR safeguards.


Key Principles

  • Data Protection Continuity: Personal data must retain GDPR-level protections when transferred internationally.

  • Compliance with Chapter V: Transfers must meet legal requirements for third countries or international organizations.

  • Onward Transfers: Controllers and processors are responsible for ensuring that subsequent recipients maintain adequate protection.

  • Accountability: Organizations must document and demonstrate compliance with transfer requirements.

Organizational Applicability

This article applies to all organizations transferring personal data outside the EU:

  • Controllers and processors handling personal data of EU/EEA data subjects.

  • Public and private sector entities engaged in international data transfers.

  • Teams responsible for cross-border data flows, compliance, and data governance.

Implementation Requirements

  • Assess whether the recipient country or organization provides adequate protection.

  • Use appropriate safeguards such as standard contractual clauses, binding corporate rules, or approved codes of conduct.

  • Document all transfer mechanisms and compliance measures.

  • Monitor onward transfers to ensure continued protection of personal data.

Implementation Guidance

  • Perform risk assessments for all international transfers.

  • Implement contractual clauses and technical measures to secure data during transfers.

  • Train staff involved in cross-border processing on GDPR transfer requirements.

  • Periodically review transfer mechanisms to ensure ongoing compliance and adequacy.

Periodic Review

  • Frequency: Annually or when new transfers, recipients, or regulations arise.

  • Responsible Role: Data Protection Officer (DPO), Compliance Team, or Legal.

  • Outcome: Ensure international transfers maintain GDPR protections and comply with Chapter V requirements.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover.

  • Legal Exposure: Enforcement actions for unlawful international transfers.

  • Reputational Damage: Loss of trust from data subjects, partners, and regulators.

  • Operational Risk: Unauthorized or inadequate data transfers may lead to breaches, regulatory scrutiny, or suspension of data flows.