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Article 44 GDPR. General principle for transfers

Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation. All provisions in this Chapter shall be applied in order to ensure that the level of protection of natural persons guaranteed by this Regulation is not undermined.

Expert commentary ISO 27701 Recitals Guidelines & Case Law Leave a comment
Expert commentary
Author
Nastassia Parkhimovich
Nastassia Parkhimovich LLM, CIPP/E, GDPR DPP
GDPR Consultant
Siarhei Varankevich
Siarhei Varankevich CIPP/E, CIPM, CIPT, MBA, FIP
FIP_IAPP
Co-Founder & CEO of Data Privacy Office LLC. Data Protection Trainer and Principal Consultant
ISO 27701

ISO/IEC 27701, adopted in 2019, added additional ISO/IEC 27002 guidance for PII controllers.

Here is the relevant paragraph to article 44 GDPR:

7.5.1 Identify basis for PII transfer between jurisdictions

Control

The organization should identify and document the relevant basis for transfers of PII between jurisdictions.

Implementation guidance

PII transfer can be subject to legislation and/or regulation depending on the jurisdiction or international organization to which data is to be transferred (and from where it originates).

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to read the full text

Recitals

(101) Flows of personal data to and from countries outside the Union and international organisations are necessary for the expansion of international trade and international cooperation. The increase in such flows has raised new challenges and concerns with regard to the protection of personal data. However, when personal data are transferred from the Union to controllers, processors or other recipients in third countries or to international organisations, the level of protection of natural persons ensured in the Union by this Regulation should not be undermined, including in cases of onward transfers of personal data from the third country or international organisation to controllers, processors in the same or another third country or international organisation. In any event, transfers to third countries and international organisations may only be carried out in full compliance with this Regulation. A transfer could take place only if, subject to the other provisions of this Regulation, the conditions laid down in the provisions of this Regulation relating to the transfer of personal data to third countries or international organisations are complied with by the controller or processor.

(102) This Regulation is without prejudice to international agreements concluded between the Union and third countries regulating the transfer of personal data including appropriate safeguards for the data subjects. Member States may conclude international agreements which involve the transfer of personal data to third countries or international organisations, as far as such agreements do not affect this Regulation or any other provisions of Union law and include an appropriate level of protection for the fundamental rights of the data subjects.

Guidelines & Case Law Leave a comment
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