International data protection

In the course of globalization and international orientation, companies record data flows at home and abroad. International data exchange requires special procedures and processes to ensure that data transfer abroad is smooth and legally compliant. In particular, data flows to foreign group companies require close scrutiny.

Thanks to our many years of working for group companies, you can benefit from our experience with customized concepts for international data traffic.

Due to the nature of their business activities, companies are often required to transfer employee or customer data abroad. In particular, top management based in the USA or Asia, for example, often request the transfer of personal data or commission services abroad.

German and European data protection law has special requirements for these cases, as a lower level of protection for personal data is assumed in countries outside the EU. Depending on the classification of the respective country as "domestic", "foreign" or "third country", different paths must be taken to regulate a data transfer in compliance with data protection law.

[Translate to English:]

If the planned data transfer is to an "unsafe" third country, the following solutions are offered:

• Use of standard contractual clauses of the EU Commission
• Existence of Binding Corporate Rules (BCR = binding corporate rules)
• Submission of Safe Harbor certification from companies based in the USA

In order to check the permissibility of the planned data transfer, we compile all relevant decision criteria with you, which may include

• Classification of the country receiving the data
• the category of data, whether there are any special types of personal data
• the purpose of the processing
• the protection of the interests of the data subject
• Determination of the controller
• Determination of the "data exporting" body
• the question of data transfer or processing by order

After the case-related examination, we can show you possible solutions. We will discuss with you what we consider to be the most effective solution and provide you with the necessary contractual documents and forms.
Together with you, we coordinate the implementation in order to enable the data transfer in accordance with German and European data protection regulations.

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