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GDPR Guidance (11) International transfers

The General Data Protection Regulation (the “GDPR”) imposes conditions on transfers of personal data to jurisdictions outside the European Economic Area (the “EEA”) (which includes the European Union).

The purpose of this document is to provide summary guidance on the provisions in Chapter V of the GDPR regarding transfers of personal data to third countries or international organisations. The guidance is useful to a data controller in Gibraltar, as a territory within the EU, to understand its obligations when transferring data outside of the EEA. In the event of a “no-deal” Brexit, this guidance will also be useful to a data controller or processor in Gibraltar as it identifies the mechanisms that may be used to maintain ongoing data flows from the EU/EEA, for example by using ‘ standard contractual clauses’ (“SCCs”).

SCCs are standard sets of contractual terms and conditions, which the sender and the receiver of the personal data both sign up to. They include contractual obligations which help to protect personal data when it leaves the EEA and the protection of the GDPR.

There are two different sets of SCCs, ‘controller to controller’ and ‘controller to processor’, which version to use depends on whether your organisation is receiving the data as a data controller or as a processor.

The template contracts are available below, these include more explanatory notes and guidance.