
A practical GDPR guide to international-transfer decisions: what SCCs solve, what destination-law and access-path checks remain, and when a transfer must pause or stop.
| Route or mechanism | What it does | What the reviewer still has to check | Workplace boundary |
|---|---|---|---|
| Adequacy decision — Article 45 | The European Commission recognises that a third country, territory, specified sector, or international organisation provides an adequate level of protection for the scope covered. | Whether the decision covers this destination, recipient, data and purpose; whether it remains valid; and whether the rest of the GDPR is satisfied. | “The vendor is based in an adequate country” is not enough if a subprocessor, support team, or onward recipient sits outside the decision’s scope. |
| Appropriate safeguards — Article 46 | The exporter uses a safeguard such as SCCs, binding corporate rules, an approved code with binding commitments, certification with binding commitments, or authorised ad hoc clauses. | Whether the safeguard is correctly selected and documented, and whether destination law and practice leave it effective for this particular transfer. Supplementary measures may be necessary. | “The SCC module is signed” identifies the contractual layer. It does not finish the destination-law or access-path analysis. |
| Derogation — Article 49 | A specific exception can permit a transfer in defined circumstances, such as a genuinely necessary contract-related transfer or explicit consent, subject to the conditions for that derogation. | Whether the narrow conditions really apply and whether the transfer is specific and non-routine rather than a standing way to run a service. | A recurring vendor export should not be relabelled as an exception simply because no one wants to complete the Article 46 analysis. |
| Check | Question | Evidence or output | Decision consequence |
|---|---|---|---|
| 1. Know the transfer | What data is sent or made accessible, by whom, to whom, for what purpose, and through which system? | A flow map covering cloud processing, remote access, support access, subprocessors, and onward transfers. | If the map is incomplete, the approval is not ready. |
| 2. Identify the route | Is the flow supported by an adequacy decision, an Article 46 safeguard, or a specific Article 49 derogation? | The route, scope, SCC module or other instrument, parties, and required formalities. | If the proposed route does not cover the flow, select another route or redesign the flow. |
| 3. Test destination law and practice | Could the destination’s laws or practices prevent the importer from meeting the chosen safeguard, or expose the data to access that the safeguard cannot control? | A transfer-specific assessment using relevant law, practice, recipient information, and the characteristics of the flow. | If the safeguard is not effective for this flow, identify a supplementary measure or do not proceed. |
| 4. Add effective supplementary measures | What technical, contractual, or organisational measure addresses the demonstrated gap, and where is it enforced? | A control-to-threat explanation: for example, who controls the keys, who can see plaintext, and what happens during support. | A measure that does not block the relevant access path is not a completed mitigation. |
| 5. Complete the procedure | Have the required documentation, authorisations, contractual steps, and internal records been completed? | Signed instrument, approvals, records of analysis, instructions, and conditions of use. | A technically plausible design can still be procedurally incomplete. |
| 6. Re-evaluate | What could change the answer, and when will the review happen? | An owner, date, review interval, and triggers such as a new subprocessor, architecture change, legal change, or new access route. | Treat approval as conditional and reviewable, not permanent. |
eur-lex.europa.eu
commission.europa.eu
edpb.europa.eu
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