Know your obligations on International Data Transfers

Companies manage data on different scales. The scope and nature of this data are diverse; hence policies that stipulate how data is protected and shared is diverse and ever-changing. Data processing operations, including transfers, rely on a robust and secure infrastructure.

Most regulations are designed to ensure that only the personnel and service providers involved in the process have access to the data, though this is not always the case. Internal regulations along with international guidelines and laws stipulate how data is stored, processed and shared.

All organisations share data and it is important to know and understand the regulations that guide data transfers, especially between jurisdictions with different laws.

Understanding Data Transfers

User data is a continuous process of collection of insights regarding behavioural patterns and interaction between customer’s and organisations. All organisations handle data from the point of collection to transmission to relevant stakeholders. Insights collected by data management tools help guide decision-making and incremental changes in service delivery.

The data transfer process is very sensitive, and poor security infrastructure and regulations pose a risk to both data handlers and data providers. There are a few well-known guidelines to ensure data protection and compliance in security administration, such as the GDPR Statute. These guidelines stipulate how organisations can collect, process and store data. They are also guiding factors on how data is shared outside of the EU.

It is important to note that not all countries/states have adequately defined legal transfer frameworks, such as between the EU and the US. In this scenario, parties can only transfer data transfers under agreed-upon mechanisms.

Why are there differences?

GDPR stipulates that third parties and countries receiving data from within the EU must have equal laws and regulations regarding data security. Current legislation regarding surveillance within the US is just one hurdle that impacts data transfers between Ireland, the US and other third parties.

Post-Brexit UK regulations also affect Irish organisations, at present, there are safeguards in place ensuring the data transfers remain the same as the Pre-Brexit UK. This of course is subject to change rapidly as we have seen with numerous other swift changes between the EU and the UK. Failure to understand or act on current regulations can put organisations in serious jeopardy of exposing sensitive data to outside actors and for failure to comply with EU regulations.

Your organisation needs to keep track of regulatory changes and remain above board on all regulations.

Criteria for Data Transfers: When Can Data be Transferred?

Data transfer and compliance policies define different situations of transferring data from one entity to another. Concise protocols are defined in the process of data transfers as follows:

  • Clear consent has been granted by the data subject regarding the proposed transfer.
  • The data transfer is a necessary condition to execute a performance contract sought by the data subject.
  • The transfer is essential to protect the legal rights of the data subject.
  • The data transfer is required in the interest of matters of public concern.
  • Where data transfer is needed in initiating or exercise legal claims.

These are some of the guidelines proposed in initiating data transfer procedures. Both the sender and receiver of data, in this case, should ensure full compliance with the guidelines.

Do Your Research

To effectively carry out its mandate to stakeholders and provide value, an organisation may need to transfer data. Such a situation demands that the organisation transferring data or allowing access to its database accepts full responsibility for the security of the data.

However, this is only half of the puzzle; what the receiving organisation does with the data may sometimes violate contractual agreements or legal provisions. Any organisation concerned with the transfer of data must conduct due diligence on its partners. Another layer of protection is to ensure that only the data necessary to complete a contractual obligation owed to data subjects is transferred.

The Bottomline

Data transfers are inevitable when doing business in the 21st century. Data transfers are essential for cohesion and combined growth for all players involved. Nevertheless, data privacy and security concerns are global concerns where some companies and state agencies are caught on the wrong side of the law regarding data.

Data handlers should ensure that their portfolio is administered responsibly and security is a number one priority. Organisations processing customer data have a responsibility to protect it as much as the owners do.

Platinum Brand Communications and Your Data Transfer

Platinum Brand Communications work with organisations throughout Ireland and the UK to ensure that they understand and are compliant with EU regulations regarding all Data that they collect.  This includes GDPR, international transfer agreements and compliance across the board. We assist through GDPR training and audits, giving your employees the skills to manage data compliance and understand areas for improvement.

We help you protect your data while remaining compliant with all national and international laws.  Get in touch with Platinum Brand Communication today to discuss further your obligations and rights.

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