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ARTICLE · 06 SEPTEMBER 2018

ICO Issues New Guidance On International Data Transfers Under GDPR

Reed Smith (Worldwide)
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The Information Commissioner's Office (ICO) has published new guidance on international data transfers (the guidance) under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR).

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Cynthia O'Donoghue
Cynthia O'Donoghue
John O'Brien
John O'Brien
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The Information Commissioner's Office (ICO) has published new guidance on international data transfers (the guidance) under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR).

Ex-EU personal data transfers

The GDPR restricts the transfer of personal data to non-EU countries or international organisations.

The ICO has clarified that a transfer is restricted if:

  • The GDPR applies to the processing of in-scope personal data. GDPR Articles 2 and 3 set out the GDPR's scope. The ICO states that the GDPR generally applies "if you are processing personal data in the EU". The GDPR may also apply "in specific circumstances if you are outside the EU and processing personal data about individuals in the EU".

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