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USA GDPR Data Transfers

Tagged with gdpr, ico, data, free, freeadvice, gdprtemplate, easygdpr, gdprfree,
by Adam Brogden
in Blog

14-Nov-2018 10:29

The GDPR restricts the transfer of personal data to countries outside the EEA. These restrictions apply to all transfers, no matter the size of transfer or how often you carry them out. Does this apply to you? The GDPR primarily applies to controllers and processors located in the European Economic Area (the EEA) with some exceptions.

However, EU Regulators are concerned that individuals risk losing the protection of the GDPR if their personal data is transferred outside of the EEA. On that basis, the GDPR restricts transfers of personal data outside the EEA, or where a transfer would be outside the protection of the GDPR, unless the rights of the individuals in respect of their personal data are protected in another way, or one of a limited number of exceptions applies.

A transfer of personal data outside the protection of the GDPR (which is referred to as a ‘restricted transfer’), most often involves a transfer from inside the EEA to a country outside the EEA. This of course includes transfers to the USA and as such special conditions apply

To decide whether transfers are considered to be restricted transfers you should answer the following questions:

  • Are you sending personal data, or making it accessible, to a receiver to outside the EEA?

  • Are you outside the EEA and processing personal data about individuals in the EEA?

  • Can someone outside the EEA access personal data [for example where data is entered into a website]?

If you answer yes to any of these then it is likely that a restricted transfer applies and appropriate precautions must be taken to protect this data.

[Thanks to the ICO for providing this info].

Talk to us if this applies to you. We can help ensure all transfers are GDPR compliant.

Good luck all.

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