{"id":5854,"date":"2023-04-25T15:10:41","date_gmt":"2023-04-25T15:10:41","guid":{"rendered":"https:\/\/exciting-panini.13-37-234-21.plesk.page\/?p=5854"},"modified":"2024-08-06T12:23:27","modified_gmt":"2024-08-06T12:23:27","slug":"les-transferts-de-donnees-liberes-mais-encadres","status":"publish","type":"post","link":"https:\/\/viqtor.eu\/en\/les-transferts-de-donnees-liberes-mais-encadres\/","title":{"rendered":"Data transfers released but regulated"},"content":{"rendered":"
\n\t\t\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\t\t\t\t\t\t\"Les\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t

Data transfers released but regulated<\/h1>\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t\t
\n\t\t\t
\n\t\t\t\t\t\t
\n\t\t\t\t
\n\t\t\t\t\t\t\t\n

Excerpt from Bruno DUMAY's book: GDPR DECRYPTION \u2013 For Managers, Strategic Departments and employees of companies and organizations \u2013 Preface by Ga\u00eblle MONTEILLER<\/strong><\/p>\n\n

As surprising as it may seem in a globalized economy where the notion of borders seems incompatible with transactions via the internet, the transfer of personal data for further processing was prohibited by the EU to a third country, i.e. located outside the Union, without authorization issued by a supervisory authority.<\/p>\n\n

The GDPR abolishes the prior authorization regime. However, certain conditions are necessary for the transfer to take place. The Commission must have established, by decision, that the non-EU recipient (country, territory or sector of a country, international organization) "ensures an adequate level of protection" (Article 45-1).\u00a0<\/p>\n\n

The 2nde<\/sup> The first paragraph of Article 45 lists the criteria corresponding to this adequate level of protection, including the rule of law, respect for human rights and fundamental freedoms, legislation, the effective existence of an independent supervisory authority, international commitments, etc. If the examination of these criteria leads to the conclusion that the measure is in line with European rules, the Commission adopts an "implementing act", subject to periodic review at least every four years (Art. 45-3). It is further specified that the Commission shall constantly monitor developments in third countries (Art. 45-4).<\/p>\n\n

However, the transfer is possible, always without prior authorization, to a destination that has not been the subject of an implementing act. Indeed, Article 46 provides that a data controller or a processor may transfer "if it has provided appropriate guarantees and on condition that the data subjects have enforceable rights and effective legal remedies" (Art. 46-1).<\/p>\n\n

These appropriate guarantees can be provided by different means, some of which we have already mentioned:<\/p>\n\n