Transfer mechanisms of personal data from EU to third countries
This Article explains the concept of transferring personal data from EU to third countries, what those third countries mean, the principles for making such transfers legitimate and the derogations from these principles, and last but not least, the transfer mechanisms of personal data to third countries.
Considering the legal requirements of the Directive 95/46/EC, Article 25
… the transfer to a third country of personal data which are undergoing processing or are intended for processing after transfer may take place only if… the third country in question ensures an adequate level of protection…this Article provides three legal mechanisms for such transfers:
-Standard Contractual Clauses – for single Organizations or entities
–Binding Corporate Rules – for multinational Organizations or entities
-Safe Harbor Agreement principles – for Organizations or entities located in the U.S.
The Article provides Organizations or entities with all current available mechanisms for data transfer from the European Union to third countries, regardless if those Organizations are independent-single entities or multinational ones.
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