Ep. 8: Navigating Cross Border Data Transfers in Our 'Digitally Borderless World"

On Episode 8 of Privacy Chats with Rachel and John, we discuss the challenges and complexities of cross-border data transfers, particularly in the context of the European Union's General Data Protection Regulation (GDPR).
The need for data transfers has increased with the advent of cloud technology, but varying rules on data protection and privacy across countries make it difficult to ensure individuals' protection under multiple jurisdictions. The EU in particular recognizes the importance of taking special considerations into account prior to sensitive transfers through mechanisms like Adequacy Decisions, assessing appropriate safeguards, and acknowledging limited exception cases. We cover how the US, once covered by the Safe Harbor agreement, faced challenges due to the Snowden revelations, leading to the invalidation of Safe Harbor and subsequent attempts at Privacy Shield. We also give mention to to Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs) as additional mechanisms for ensuring compliance with data protection laws.
The broader context of our discussion includes global trends in cross-border data transfer restrictions, including stricter regulations and conditional flow regimes.