GDPR Cross-Border Transfer: How Does It Compare to Other Data Regulations?

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People say knowledge is power. That is what makes data such a sought-after commodity in contemporary society. A large portion of the global population has personal information “out there.” For that reason, legislation such as the General Data Protection Regulation (GDPR) is much-needed.

A vital aspect of this 261-page document is the cross-border transfer. It is not solely relevant to individuals, but also to organizations, territories and nations. As the world evolves into a global village, nations are following suit. As such, it is interesting to see how it compares to other data regulations.

The GDPR Cross-Border Transfer

When transferring data belonging to individuals in the EU, the cross-border data transfer puts certain restrictions in place. Generally, it stipulates that transferring personal information to an international organization or third country is only permitted when the recipient can assure a certain security level. Furthermore, this regulation is layered, and transfers may be limited to specific countries or even sectors within countries.

The three broad criteria that govern cross-border transfers under the GDPR are the adequacy decision, appropriate safeguards, and specific derogations.

How Does It Compare?

1. California Consumer Privacy Act (CCPA)

Currently, there is no federal data privacy law in the US. Nevertheless, the CCPA is closest in comparison to the GDPR. Applicable in California, the CCPA does not clearly state whether it applies to organizations outside California. Nevertheless, it stipulates that if an organization accesses a California resident’s data while the resident is outside the state, the CCPA does not apply.

2. China’s Personal Data Protection Law (PDPL)

The PDPL represents a significant step forward in Chinese data protection. Generally, the cross-border transfer requirements under the PDPL mimic the GDPR. Nevertheless, the PDPL does not make exceptions for data requested by foreign law enforcement agencies. If a region or country regards China’s data laws in a discriminatory manner, that is grounds to withhold data.

3. Australian Privacy Act

The Privacy Act is similar to the GDPR in numerous ways. In fact, their cross-border transfer policies are identical. Nevertheless, the terminology differs. Where the GDPR governs the activities of data controllers and processors, the Privacy Act applies to APP entities.

4. Nigeria Data Protection Regulation (NDPR)

There are currently no cross-border transfer provisions stipulated under the NDPR. Nevertheless, if the processed data involves Nigerians in the diaspora, the regulation applies.

Undoubtedly, the GDPR is the standard in privacy law. Beyond its intricacy, this regulation applies to organizations, regions and countries operating within the European market. Most countries adopt similar cross-border transfer regulations, with heavy fines for non-compliance. Through constant internal and external compliance audits, your organization will stand to lose less. Data Protection Hub conducts thorough compliance audits that identify vulnerabilities, offer valid recommendations and ensure that your policies are in line with applicable data regulations.