What are the requirements for data transfer under GDPR?
Data transfers under the General Data Protection Regulation (GDPR) are subject to specific requirements, as outlined in Article 44-49. In Hawaii, the GDPR applies to any business or organization that collects, processes, or stores personal data of EU citizens. First, any business or organization within Hawaii must obtain legal authorization to transfer the data to a third-party, such as written contracts or consent forms signed by the data subject. Second, the data must only be transferred to countries with “adequate” levels of data protection or to organizations that can provide “sufficient guarantees” that the data will be secure. Such guarantees can include certification, contractual clauses, binding corporate rules, and other arrangements approved by the data protection authority. Third, where appropriate, businesses or organizations must provide notices to data subjects about potential risks associated with transferring data across borders, provide a copy of the safeguards in place, and implement measures that will help ensure the data is protected. Fourth, the business or organization must enter into a written agreement with any third-party processors who will receive the data, obligating them to only process the data in accordance with the law. Finally, the business or organization must ensure any third-party data processors have appropriate security measures in place to protect the data, such as encryption, firewalls, and other security safeguards. In summary, any business or organization in Hawaii transferring data to a third-party must take the necessary steps to obtain legal authorization, only transfer the data to countries with adequate protections, and make sure any third-party processors have appropriate security measures in place. By doing this, they can ensure the data is transferred in a secure manner and meets the requirements of GDPR.
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