Taking Personal Data Across Borders With Adequacy Decisions

Transfer of personal data across borders is an issue that concerns individuals, businesses, regulators and governments. While businesses, particularly data-driven ones with cross-border operations, would desire liberal frameworks with minimal hurdles for transfers, governments and regulators are duty bound to ensure that the rights and interests of individuals (usually referred to as Data Subjects in most data protection frameworks) are adequately protected.

One mechanism for cross-border transfer of personal data, is through the issue of an 'adequacy decision' by one jurisdiction, in favour of other jurisdictions. Before we delve into what an adequacy decision is, it is important to take note of some recent developments.