Overview

This article requires organizations and supervisory authorities to establish mechanisms for international cooperation with third countries and organizations to enforce personal data protection laws. Cooperation facilitates mutual assistance, including breach notifications, complaint referrals, and exchange of information, while ensuring safeguards for data and data subject rights. Stakeholder engagement and documentation of data protection practices are encouraged.

Key Principles

  • Mutual Assistance: Promote collaboration between supervisory authorities and organizations across borders.

  • Information Exchange: Share relevant data, complaints, and notifications to enforce protection.

  • Safeguards: Ensure personal data and rights of data subjects are protected in all exchanges.

  • Transparency and Documentation: Encourage clear records of cooperative activities and best practices.

Organizational Applicability

This article applies to organizations and authorities involved in international data protection efforts:

  • Controllers and processors transferring personal data across borders.

  • Public and private sector supervisory authorities enforcing data protection laws.

  • Teams responsible for legal compliance, international data governance, and regulatory engagement.

Implementation Requirements

  • Establish cooperative mechanisms with foreign authorities and relevant organizations.

  • Facilitate notifications, complaint referrals, and information exchanges as needed.

  • Maintain safeguards to protect personal data and uphold data subject rights during cooperation.

  • Document and promote data protection practices shared or implemented internationally.

Implementation Guidance

  • Develop formal agreements or memoranda of understanding with foreign authorities or organizations.

  • Train staff to handle international cooperation requests securely and compliantly.

  • Maintain a registry of exchanges, notifications, and mutual assistance activities.

  • Periodically review international cooperation mechanisms for effectiveness and compliance.

Periodic Review

  • Frequency: Annually or when new international agreements, transfers, or regulations are introduced.

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

  • Outcome: Ensure international cooperation is effective, secure, and aligned with GDPR principles.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for failures impacting GDPR enforcement.

  • Legal Exposure: Enforcement actions or restrictions on cross-border data activities.

  • Reputational Damage: Loss of trust due to ineffective or non-compliant international cooperation.

  • Operational Risk: Poorly managed international exchanges may compromise data protection and compliance.