Cross-border transfer of personal data means the transfer of personal data by controllers established in the European Union (EU) to recipients established outside the territory of the EU/ EEA, acting either as controllers or as processors. The countries of the European Union and the European Economic Area encompass 28 Member States of the European Union and three EFTA countries (European Free Trade Association), which are bound by the Agreement (EEA).
GDPR allows the transfer of personal data to a third country only if a set of conditions are met. This includes conditions for post-download (transfer of personal data from a processor outside the EU/ EEA to another sub-processor outside the EU/ EEA).
GDPR allows the transfer of personal data to countries whose legal system was considered by the European Commission to ensure an "adequate" level of personal data protection. Therefore, in the absence of a decision on the "adequacy" by the European Commission, companies will transfer personal data outside of non-EU/ EEA countries using standard contractual clauses. This also applies to Serbia.
Standard contractual clauses set obligations for the exporter and importer of personal data to ensure that the transfer will enable the protection of the rights and freedoms of data subjects. The data exporter is the controller who transfers personal data. The data importer is a processor established in a third country that obtains personal data intended for processing on behalf of the data exporter from the data exporter, in accordance with its instructions and the provisions of the applicable laws.
The European Commission has defined standard contractual clauses to be used when transferring personal data outside the EU/ EEA. The Commission has approved these clauses. The content of standard contractual clauses cannot be changed unless there is explicit approval by the competent data protection authority/ Supervisory Authority. Any unauthorized change leads to the nullity of the standard contractual clause.
Retrived from: GDPR Solutions
