APEC COUNTRIES NOT DEEMED ADEQUATE Flashcards
What does it mean for a country to be deemed not adequate by the European Commission?
It means the country does not provide an essentially equivalent level of data protection to that of the EU.
What must organizations in countries deemed not adequate use for data transfers from the EU?
They must use alternative mechanisms such as Standard Contractual Clauses (SCCs) - Binding Corporate Rules (BCRs) - explicit consent - or derogations.
What are Standard Contractual Clauses (SCCs)?
Legal agreements pre-approved by the European Commission for data transfers.
What are Binding Corporate Rules (BCRs)?
Internal policies adopted by multinational companies to allow intra-group data transfers.
What is explicit consent in the context of data transfers?
Obtaining explicit consent from the data subject for the transfer - though it can be burdensome and is not always practical.
What are derogations under Article 49 of the GDPR?
Specific exceptions such as necessity for the performance of a contract - important reasons of public interest - or the establishment - exercise - or defense of legal claims.
Why has Australia not been deemed adequate by the European Commission?
Despite having a robust privacy framework under the Privacy Act 1988 - it has not met the EU’s adequacy standards.
Why has Taiwan not been granted adequacy status?
Taiwan’s data protection laws (including the Personal Data Protection Act) have not been deemed adequate by the European Commission - necessitating the use of alternative mechanisms like SCCs for data transfers.
