You can make a limited transfer if you and the recipient have entered into a custom contract for a specific limited transfer, which has been approved individually by the country`s control authority for exporting personal data. If you make a limited transfer from the UK, the ICO must have approved the contract. The guidelines set the minimum requirements by referring to the articles of the General Data Protection Regulation (GDPR) and contain some colour to the following conditions and clauses: (1) treatment only on the documented instructions of the person in charge of the treatment; (2) the obligation to trust; (3) appropriate security measures; (4) use of subprocessors; (5) the rights of those concerned; (6) the support of the treatment manager; (7) the termination provisions of the contract; and (8) audits and inspections. Tap “Send” at the end of the questionnaire to create a draft contract containing all the clauses you need to include, all the optional clauses you have selected, and all the other information you have provided for the data transfer. You can make a limited transfer if you and the recipient have entered into a contract containing standard data protection clauses adopted by the Commission. ☐ to distribute questionnaires and speak to staff across the organization to get a more complete picture of our treatment activities; and the judgment handed down on Thursday 16 July 2020 in the Schrems II case of the European Court of Justice established that Privacy Shield was no longer a valid opportunity to transmit personal data outside the EEA. Standard contractual clauses (CSRs) remain valid. For more information, please see our latest statement. Use the data protection shield to transfer data to the U.S.
If not, you can transfer without personal data. If so goes to Q3, ☐ the subcontractor must delete all personal data (at the choice of the person in charge of the processing) at the end of the contract or return it to the processing manager, and the subcontractor must also delete the existing personal data, unless the law requires its storage; and neither the ICO nor any other EEA supervisory authority has so far adopted standard data protection clauses. The RGPD does not require that the contract contain a provision that a subcontractor must keep records of the treatment it performs for the processing manager – whereas those records would be useful to the subcontractor to prove that it is in compliance with section 28.
