Legal ICT

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Our services / Data transfer outside the EU

Whenever you transfer personal data to a ‘third country’ (every country outside the European Economic Area), you have to assess whether this is allowed under the General Data Protection Regulation (‘GDPR’).

Third countries are not automatically bound by the GDPR. Therefore, it is in principle not allowed to transfer personal data to a third country, unless:

  • The European Commission (EC) has decided that the third country ensures an adequate level of privacy protection (‘adequacy decision’). In this case, no further authorisation is required to transfer personal data. Countries that have been approved by the Commission are: Andorra, Argentina, Canada, Faeroe Islands, Guernsey, Isle of Man, Jersey, New-Zealand, Uruguay, the United States of America (under the limitations of the EU-U.S. Privacy Shield), and Switzerland. Adequacy decisions for South Korea and Japan are expected to be made soon.
  • Model clauses: If the EC has not yet decided that a country offers an adequate level of protection, data transfers to this country may still be carried out if the parties do this under ‘the standard contractual clauses’, drafted by the EC. These clauses are added to the standard data processing agreement that parties conclude.
  • Binding corporate rules: To easily transfer data between groups of companies, organisations can choose a lead data protection supervisory authority and request them to approve binding corporate rules for them. These rules make sure that multinational companies do not have to conclude separate data processing agreements with model clauses each time they transfer data to a branch in a third country.

Legal ICT can help you find out whether you are allowed to transfer data outside the European Union. If you are not allowed to transfer data outside the EU but would like to do so, we can explore the possibilities for you.

WOULD YOU LIKE MORE INFORMATION? 

Send an e-mail to: info@legalict.com or call us at: +32 (0)2 535 77 55. You can also use the form below: one of our legal advisors will get back to you very soon.

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  • Your personal information will only be used to contact you as requested by you. Please read the privacy statement for more information.

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