Ad II: Data Transfers outside the EU

In accordance with the DPA (article 76) the transferring of data to a country outside the EU is permitted if that country guarantees an adequate level of protection, which is to be decided by the EU Commission (until today this applies to only a few countries outside the EU and for instance not for the US). Transferring of data to countries outside the EU that not provide guarantees for an adequate level of protection may take place -besides other less relevant reasons - , if:

a) Unambiguous consent is given, or;
b) The transfer is necessary for the performance of a contract between the data subjects and the responsible parties, or;
c) The transfer is necessary for the conclusion or performance of a contract between responsible parties and third parties in the interest of data subjects.

Furthermore our Minister of Justice can issue a permit for data transfers to a non EU country that does not provide guarantees for an adequate level of protection. Permits are granted on the basis of the use of a trans border data flow agreement or binding corporate rules (that provide sufficient safeguards). The EU commission issued model clauses that give sufficient safeguards.

For more info about this subject please contact mr. Vincent Rutgers or mr. Marten van Hasselt.

Top