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ARTICLE · 28 FEBRUARY 2019

Understanding The Layered Approach To International Data Transfers Under GDPR

In today's globalised world, there are many cross-border transfers of personal data, which are sometimes stored on servers in different countries.

European UnionPrivacy

In today's globalised world, there are many cross-border transfers of personal data, which are sometimes stored on servers in different countries.

Chapter V of the General Data Protection Regulation (GDPR), "Transfers of personal data to third countries or international organisations", provides different tools to frame data transfers from the EU to a "third country" (i.e. a country that is not a member of the European Economic Area). These include the following:

  • Sometimes, a third country may be declared as offering an adequate level of protection through a European Commission decision ("Adequacy Decision"), meaning that data can be transferred with another company in that third country without the data exporter being required to provide further safeguards or being subject to additional conditions (Article 45, GDPR). In other words, the transfers to an "adequate" third country will be comparable to a transmission of data within the EU. Japan is the latest

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