GDPR Article 46 — Transfers subject to appropriate safeguards
Enforced by: ICO (UK) / National DPAs
Current as of May 25, 2018
Plain Language Summary
Standard Contractual Clauses (SCCs) are the most common mechanism for EU-to-US transfers. Post-Schrems II, a Transfer Impact Assessment (TIA) is also required.
In the absence of an adequacy decision, a controller or processor may transfer personal data to a third country only if the controller or processor has provided appropriate safeguards.
The appropriate safeguards may be provided for by: legally binding instruments between public authorities; binding corporate rules; standard data protection clauses adopted by the Commission; an approved code of conduct; or an approved certification mechanism.