Gdpr Intra Group Transfer Agreement

Where different categories of personal data may be transmitted within the group and those different categories are subject to different rules, it is particularly important to identify the data concerned. Where transfers are made on the basis of controllers to subcontractors or where transfers are made outside the EEA under the standard contractual clauses, the identification of the data is mandatory. First, where transfers are made on the basis of controllers to subcontractors, clauses that comply with Article 28 of the GDPR must be included in the contract. In summary, they grant the controller a wide range of rights with regard to personal data to the detriment of the processor. If not, you can carry out the transmission without personal data. If so, go to Q3 A British company sells holidays in Australia. It sends the personal data of customers who have purchased the holiday to the hotels they have chosen in Australia to secure their bookings. This is a limited transmission. At our Virtual Baker McKenzie Global Privacy and Data Security conference, today we unpack first impressions of schrems II, including the impact and next steps that companies should consider when it comes to transfers to the U.S. and other third countries. If you anonymize the data so that it is never possible to identify individuals (even if combined with other information available to the recipient), this is not personal data. This means that the restrictions do not apply and you are free to transfer the anonymized data outside the EEA.

If, by the last question, you are still not able to carry out the restricted transmission, this goes against the GDPR. The Court of Justice of the European Communities (“ECJ”) today delivered a pioneering judgment invalidating the EU-US Privacy Shield in Case C-311/18 (“Schrems II”). Prior to the ECJ ruling in this case, the Privacy Shield served as an authorised “adequacy mechanism” to protect cross-border transfers of personal data from the European Union to the United States. The Court of Justice`s concern did not relate to the commercial aspects of the Privacy Shield (e.g. B the substantive data protection rules applied by the participating US companies), but rather on the ability of us secret services to collect data in accordance with current US law and practice, without the Court of Justice deeming that they guarantee adequate data protection for EU citizens. . . .

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