GDPR Q22

Can personal data be transferred outside the EU?

Q22. Can personal data be transferred outside the EU?

Category: International

Transferring personal data outside the UK requires extra safeguards to ensure people receive the same level of protection overseas.

In simple terms

Check whether the destination benefits from a UK adequacy regulation.
If not, use an International Data Transfer Agreement (IDTA) or the UK Addendum to Standard Contractual Clauses.
Assess local laws and document your risk analysis.

Adequacy decisions

When the UK government recognises a country, territory, or sector as providing adequate protection, you can transfer data without additional authorisation.

Keep up to date with adequacy decisions and any changes.
Document which adequacy route you rely on.
Monitor developments—adequacy can be withdrawn.

Appropriate safeguards

If there is no adequacy decision, use tools like the UK International Data Transfer Agreement, the UK Addendum to EU Standard Contractual Clauses, Binding Corporate Rules, or approved codes of conduct.

Carry out a transfer risk assessment considering local surveillance and redress options.
Implement supplementary measures such as encryption or organisational policies.
Review safeguards regularly to ensure they remain effective.

Practical steps to take

Identify all international data flows, including cloud providers.
Check for adequacy decisions or choose the appropriate UK safeguard.
Conduct and document a transfer risk assessment for each destination.
Update contracts and privacy notices to reflect UK transfer mechanisms.
Monitor legal developments and reassess when circumstances change.

Real-life examples

US cloud hosting

A UK business signs the International Data Transfer Agreement and applies strong encryption when hosting data with a US provider.

Intra-group transfer

A multinational relies on Binding Corporate Rules to share HR data between its UK and Singapore offices.

Helpful reminders

Keep evidence of your assessments and contractual clauses.
Be prepared to suspend transfers if you cannot ensure adequate protection.
Inform individuals about international transfers in your privacy notice.

Key takeaway

International transfers under the UK GDPR demand extra diligence—assess risk, apply UK-approved safeguards, and keep records up to date.