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Cross Border Data Transfer

One Compliance is a regulatory compliance consulting firm for clients under this digital transforming world.

What is Cross-border data flow?

Cross-border data flow is the movement of personal data from one jurisdiction to another. This can be done for a variety of purposes, such as providing services to customers, storing data on more efficient servers, or collaborating with partners in other countries.

Challenges

1. Identifying and complying with applicable laws and regulations

2. Understanding and implementing data transfer mechanisms

3. Protecting data security

4. Addressing data subject rights

5. Data Localization Requirements

Brussels, 22 May – Following the EDPB’s binding dispute resolution decision of 13 April 2023, Meta Platforms Ireland Limited (Meta IE) was issued a 1.2 billion euro fine following an inquiry into its Facebook service, by the Irish Data Protection Authority (IE DPA). This fine, which is the largest GDPR fine ever, was imposed for Meta’s transfers of personal data to the U.S. on the basis of standard contractual clauses (SCCs) since 16 July 2020. 

Transfer Impact Analysis (TIA)

A transfer impact assessment (TIA) is a process that organizations use to evaluate the risks associated with transferring personal data across borders. TIAs are required by many data privacy laws, such as GDPR, PIPL, PDPA.

The key steps in a privacy impact assessment (PIA) are:

1. Scoping and identification

2. Data mapping

3. Risk assessment

4. Mitigation planning

5. Monitoring and review

The specific steps involved in conducting a PIA may vary depending on the specific organization and the project or activity that is being assessed. However, the five key steps listed above are essential for any PIA.

 

Our Solution

“There is no one-size-fits-all approach. After all, every inter-country relationship is unique.”

---- White Paper “A Roadmap for Cross Border Data Flows” by WORLD ECNOMIC FORUM

We help small and medium-sized enterprises (SMEs) to perform transfer impact assessments (TIAs), mitigate risks, and comply with data protection regulations across multiple jurisdictions.

Identifying applicable laws and risks

Transfer impact assessment (TIA)

Implementing Data transfer mechanisms, e.g. SCC, MCC

CHINA solution, e.g. security assessment, filing of SCC

Compliance Certification, e.g. APEC CBPR

Technical solution, e.g. PET, Sandbox

Consulting, reporting or legal opinion