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Cross-Border Transfers & Transfer Impact Assessments

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Countries around the world are becoming increasingly restrictive with regard to the movement and transfer of personal data to other countries. Greenberg Traurig’s Data, Privacy & Cybersecurity Practice assists companies with a variety of cross-border transfer issues. We routinely work with companies to prepare the necessary contract provisions, determine whether supplementary measures are required (and if necessary which to utilize), conduct data transfer impact assessments, and handle Article 49 derogations, among other things. We also have experience assisting companies with all preparing filings in relation to Binding Corporate Rules (BCRs), and APEC’s Cross-Border Privacy Rules (CBPR) System.

We handle:

  • Drafting and negotiating B2B data processing agreements that involve the cross-border transfer of personal data;
  • Advising clients on a compliant cross-border mechanism that best suits their international transfers of personal data, be it BCRs, CBPR, Standard Contractual Clauses, derogations, or other international cooperation mechanisms that might become available, such as Privacy Shield 2.0;
  • Working with companies to prepare data transfer impact assessments for the countries where they process personal data; and
  • Assisting clients in understanding and analyzing the supplementary measures they might consider putting in place to legalize a transfer under the applicable law.