Do you engage in onward transfers of data outside the EEA? If so, under what legal mechanisms?

Understanding the Question

This question is asking whether your organization transfers personal data outside the European Economic Area (EEA) to another country. The EEA includes EU member states plus Iceland, Liechtenstein, and Norway. If your organization does transfer data outside the EEA, the question requires you to specify the legal mechanisms that ensure such transfers comply with data protection regulations. This is crucial because the EEA has stringent data protection laws, and transferring data outside this region can pose risks if the recipient country does not have equivalent data protection standards.

Why It Matters

Ensuring that data transfers outside the EEA are conducted under appropriate legal mechanisms is essential for maintaining compliance with regulations like the General Data Protection Regulation (GDPR). Without proper mechanisms, your organization could face significant legal and financial penalties. Additionally, it helps protect the privacy and rights of individuals whose data is being transferred. Common legal mechanisms include Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), or relying on adequacy decisions where the recipient country has been deemed to provide an adequate level of data protection.

Example of Evidence

To demonstrate compliance with this question, you might provide documentation such as executed Standard Contractual Clauses between your organization and the data recipient, or evidence of Binding Corporate Rules if applicable. Another example could be a report or certification showing that the recipient country has been deemed adequate by the European Commission. This evidence should clearly show the legal basis for the data transfer and any measures taken to ensure data protection compliance.