Standard Contractual Clauses For The Transfer Of Personal Data: New Approval Procedure In Belgium

The cross-border transfer of personal data is a reality within most corporate groups, which constantly exchange data using shared service centres, databases, etc.

However, when the data controller (i.e. the entity that determines the purposes and means of the processing) that transfers the data is established in Belgium, the transfer must comply with the Data Protection Act of 8 December 1992, as amended (the "DPA").  The DPA transposes into Belgian law Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

1.   Cross-border transfers of personal data

For transfers of personal data within the European Economic Area ("EEA"), no particular formalities need be fulfilled since all EEA Member States have implemented Directive 95/46/EC and thus offer a similar (and adequate) level of protection.