Cooley Privacy Talks: European Data Transfers: Where Do We Stand Now? (Video)

In November 2021, the European Data Protection Board (EDPB) adopted its draft Guidelines 05/2021 on the interplay between the application of Article 3 and the provisions on international transfers as per Chapter V of the GDPR, which were open to public consultation until the end of January 2022. In this post, as we await publication of the final guidelines, we consider a few of the key questions on data transfers arising out of the current draft. We also look at transfer impact assessments and the implementation of supplementary measures to satisfy the requirements set out in the European Court of Justice decision in Schrems II.

#1: What is a 'transfer' for the purposes of the GDPR?