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Governance, Risk, Audit & Privacy · Intermediate

Cross-Border Data Transfer

Transfer of personal data to a country outside the jurisdiction whose law protects it, such as from the EU to a third country.

Definition

GDPR Chapter V allows transfers only on the basis of an adequacy decision, appropriate safeguards (SCCs, BCRs, codes or certifications with binding commitments), or narrow derogations such as explicit consent. Other regimes, such as China's PIPL and India's DPDP Act, also restrict transfers.

Example

An EU subsidiary sending HR data to a US parent uses the EU-U.S. Data Privacy Framework or SCCs.

Exam tip

Remote access from a third country to EU data is considered a transfer.

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