The European Data Protection Board (EDPB) released a comprehensive document titled “Supplementary Measures for Transfers of Personal Data: Recommendations” to provide guidance on the legal aspects of transferring personal data outside the European Union (EU) or the European Economic Area (EEA). The document emphasizes the importance of ensuring a high level of data protection when transferring personal data to countries that do not offer an adequate level of protection.
The EDPB acknowledges that, in some cases, standard contractual clauses (SCCs) alone may not be sufficient to ensure the required level of protection. Therefore, the document highlights the need to implement supplementary measures alongside SCCs to address potential risks to data subjects’ rights and freedoms during the transfer process.
The recommendations elaborate on different scenarios where supplementary measures may be necessary, such as situations where the laws and practices of the recipient country may conflict with the fundamental principles of EU data protection law. It provides an overview of potential supplementary measures, including encryption, pseudonymization, and additional contractual or technical safeguards. It also emphasizes the need to tailor these measures to the specific circumstances of the transfer and data processing involved.
The EDPB highlights the importance of conducting a case-by-case assessment, taking into account the specific characteristics of the transfer, the recipient country, and any relevant contractual agreements. Organizations are advised to assess the legislation of the recipient country, the practices of public authorities, and the effectiveness of any potential data access requests from these authorities. If conflicts are identified, organizations should consider implementing supplementary measures to mitigate risks.
These recommendations aim to provide practical guidance to organizations regarding the necessary steps to take when transferring personal data to countries outside the EU or EEA. By implementing supplementary measures alongside SCCs and conducting thorough assessments, organizations can ensure a high level of protection for personal data in accordance with the GDPR and safeguard the rights and freedoms of data subjects.
Algemetric offers comprehensive solutions to help users secure their data in line with the recommendations outlined by the European Data Protection Board (EDPB). Users can enhance their data security and reduce risks associated with transferring personal data to countries outside the EU or EEA. Algemetric’s comprehensive solutions empower users to protect their data, promoting trust and confidence in their data handling practices.
