What are the requirements for transferring data internationally?
Data transfers outside of the United States are governed by the Privacy Shield Framework in the US and the General Data Protection Regulation (GDPR) in the European Union. In order to transfer data internationally, both parties involved in the transfer must be in compliance with applicable laws and regulations. The US Department of Commerce must certify that the organization transferring data to the EU is in compliance with the US Privacy Shield Framework and the EU must agree to the transfer. In addition, the GDPR requires organizations to conduct an assessment of the data being transferred. This assessment must ensure that the transfer is necessary, that the data is being transferred for legitimate purposes, and that the recipients of the data are able to handle it safely. Organizations that wish to transfer data from the EU to the US must also obtain data protection authorizations from the relevant European Data Protection Authority. Additionally, the organization must provide evidence that the data is being transferred in a secure manner, and that the data will only be used for the intended purpose. Finally, the GDPR requires organizations to provide individuals with information about their rights in relation to their data before the data is transferred. This includes notifying them of their right to access, rectify, delete, and restrict the processing of their data. Organizations must also provide individuals with the contact details of the Data Protection Officer, if one is designated.
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