International Data Transfers

Written by Myles Dacres.

International Data Transfers

Protect Your Business with Expert Support for International Data Transfers

International Data Transfers have become increasingly common in today’s globalised world, with many companies relying on them to do business with partners and customers around the world. However, with data privacy laws becoming more stringent, it is crucial for organisations to exercise caution when it comes to transferring data across borders.

For businesses that may be struggling with managing International Data Transfers or are unsure about how to navigate the complex landscape of data protection laws, there is help available. One organisation that can offer specialised support services is Data Protection People, which has a team of experienced consultants who can help businesses identify what measures need to be in place for International Data Transfers and provide guidance on how to implement these.

The team at Data Protection People offers a range of services, including data protection training, risk assessments, and technical support, to help businesses protect their data and comply with relevant laws and regulations. The organisation’s data protection support desk is a service that can assist businesses with their data protection challenges, including International Data Transfers.

Data Protection People can help to provide businesses with the tools they need to complete International Data Transfers in a manner that complies with the requirements of data protection laws.

For businesses that may not have the resources or expertise to handle International Data Transfers on their own, Data Protection People can step in and handle these transfers for them. This can provide businesses with peace of mind knowing that their data is being managed by experts who understand the intricacies of data protection laws and regulations.

One of the key concerns with International Data Transfers is compliance with data protection laws. In many countries, including the European Union and the United Kingdom, there are laws that govern how personal data should be collected, used, and transferred. For example, the UK GDPR places strict requirements on organisations that transfer personal data outside a territory without an adequacy decision. In such instances, organisations must ensure relevant safeguards, as listed under Article 46, are put in place.

Another concern with International Data Transfers is the potential for data breaches or unauthorised access. When data is transferred across borders, it may be subject to different security protocols or regulatory regimes, which can increase the risk of data breaches. Additionally, if data is stored in a country with weaker data protection laws, it may be more vulnerable to unauthorised access by governments, hackers, or other third parties.

To address these concerns, organisations should take a proactive approach to managing International Data Transfers to territories outside of an adequacy decision. This includes conducting a Transfer Risk Assessment (TRA) to identify potential risks and vulnerabilities, implementing appropriate security measures such as encryption and access controls, and regularly monitoring and auditing data transfers to ensure compliance with relevant laws and regulations. It is particularly important that a TRA is undertaken as, following Schrems II, a TRA is required to be in place (in addition to the necessary contractual measures) to facilitate the International Transfer of the personal data.

It is also important for organisations to be transparent with data subjects about how their personal data is being transferred and stored. This may include providing clear and concise privacy notices, obtaining explicit consent for data transfers and ensuring that data subjects are able to exercise their rights to access, modify, or delete their personal data.

In conclusion, International Data Transfers can be a complex and challenging aspect of data protection for businesses to navigate. However, with the help of organisations like Data Protection People, businesses can attain support to reassure them that they are undertaking International Transfers in accordance with the requirements of the law. Whether businesses need guidance, tools, or hands-on support, Data Protection People can provide the necessary expertise.

Here are some frequently asked questions about International Data Transfers and their answers:

Q: What are International Data Transfers?
A: International Data Transfers refer to the movement of personal data from one country to another.

Q: Why are International Data Transfers important?
A: International Data Transfers are crucial for businesses that operate globally or have international clients. However, they can also pose significant risks if not managed appropriately.

Q: What are the risks associated with International Data Transfers
A: There are several risks associated with International Data Transfers, including non-compliance with data protection laws, potential data breaches/unauthorised access, and different security protocols or regulatory regimes in different countries.

Q: What are the data protection laws that govern International Data Transfers in the UK?
A: In the United Kingdom, data protection laws such as the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018 place strict requirements on organisations that transfer personal data to a territory that does not have an adequacy decision with the UK. These requirements include, ensuring that adequate data protection safeguards are in place and maintaining accurate records of data transfers.

Q: How can businesses ensure compliance with data protection laws when conducting International Data Transfers?
A: Businesses can take a proactive approach to managing International Data Transfers by conducting a thorough risk assessment, implementing appropriate security measures such as encryption and access controls and regularly monitoring and auditing data transfers to ensure compliance with relevant laws and regulations. It is also essential for businesses to be transparent with data subjects about how their personal data is being transferred and stored by providing this in their Privacy Notice.

If you are still keen to learn more about International Transfers, why not join us for our upcoming episode on the Data Protection Made Easy podcast as our hosts Jasmine Harrison, Joe Kirk and Philip Brining join together to share their insights and experience on International Transfers. The session will take place on the 17th of March between 12:30PM – 13:30PM. The discussion will be hosted on Microsoft teams as a live webinar, it’s free to join and anyone is welcome to get involved, if you would like to register to attend this episode of the podcast live, click on the link.

If you are not available on the 17th, this episode will be recorded and posted online in the form of a podcast and can be accessed on all major audio-streaming platforms including Spotify and Amazon Music. If you would like to check out previous episodes of the podcast simply search for ‘Data Protection Made Easy’ or click here.