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Transfer Impact Assessment under the GDPR

In an age where data flows seamlessly across borders, safeguarding personal information has become a pivotal concern for businesses worldwide. The General Data Protection Regulation (GDPR), a beacon of data protection laws, casts a wide net to safeguard personal data within and beyond the European Economic Area (EEA). A critical tool in this endeavour is the Transfer Impact Assessment (TIA), a process that scrutinises data transfers to ensure they meet GDPR’s standards.

What is a Transfer Impact Assessment (TIA)?

At its core, a TIA is an evaluation conducted by businesses to ensure that personal data transferred from the EU to third countries maintains a similar level of protection as provided within the EU. This assessment became particularly paramount following the landmark Schrems II ruling by the Court of Justice of the European Union (CJEU), which underscored the necessity for additional scrutiny when data crosses borders, especially to jurisdictions lacking an adequacy decision from the European Commission.

When is a TIA Required?

A TIA is mandated whenever personal data is transferred to a country outside the EEA that does not benefit from an adequacy decision. These decisions are granted by the European Commission to countries that offer protective norms equivalent to the GDPR. In the absence of such a decision, organisations must evaluate the transfer’s impact on the protection of personal data, considering the receiving country’s legal and surveillance frameworks.

Scope of Applicability: Who Should Perform a TIA?

The obligation to conduct a TIA extends to any entity under the GDPR jurisdiction that engages in the international transfer of personal data. This includes EU-based businesses and those outside the EU that process the data of EU residents as part of offering goods or services or monitoring behaviour within the EU. Consequently, a wide array of businesses, from multinational corporations to small and medium-sized enterprises with international data flows, find themselves within the ambit of this requirement.

Components of a TIA

A transfer impact assessment encompasses several critical elements:

Data mapping: identifying the specific data sets being transferred, the purposes behind these transfers, and the involved locations.

Legal framework assessment: evaluating the legal and regulatory landscape of the recipient country, including its public authority access to data.

Risk assessment: analysing potential risks to data subjects’ rights and freedoms.

Safeguards: identifying and implementing additional measures to mitigate identified risks, ensuring the level of protection aligns with GDPR standards.

Practical Recommendations

  • Develop a data mapping strategy: begin with a clear understanding of your data flows. Knowing precisely what data you’re transferring and why is the first step in assessing the risks and requirements.
  • Stay Informed of legal changes: the legal landscape for data protection is constantly evolving. Keep abreast of changes in both EU legislation and the laws of the countries to which you transfer data.
  • Consult with experts: the complexity of international data laws means that expert advice is often necessary. Don’t hesitate to seek guidance from legal professionals specialising in data protection.
  • Implement robust safeguards: depending on the outcome of your TIA, you may need to put additional safeguards in place. These could include measures like the EU Standard Contractual Clauses (SCCs).
  • Regularly review your TIA: TIA is not a one-time exercise. Regular reviews are essential to ensure that your data transfer practices remain compliant with GDPR as laws and business practices evolve.

 

HOW CAN LOGAN & PARTNERS HELP?

In the digital economy, the ability to transfer data across borders is essential, but it comes with the responsibility to protect that data in accordance with GDPR standards. For businesses, the path to compliance is nuanced, entailing a deep dive into data transfer mechanisms, legal assessments, and the adoption of robust safeguards. Yet, through diligent preparation and a steadfast dedication to privacy principles, businesses can navigate these privacy standards, ensuring their data transfer practices are both compliant and conducive to maintaining the trust of individuals whose data they handle. To help you on this journey, we invite you to take advantage of a free 20-minute consultation with our experts.

blank Anna Levitina

Partner

anna.levitina@loganpartners.com

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