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PONT Data&Privacy

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The transfer of personal data to countries outside the European Economic Area (EEA) is one of the most complex and sensitive parts of organizations' digital strategy. Data flows across borders raise questions about privacy protection, supervision, sovereignty and legal liability. The "Data Transfer Abroad" theme file focuses on these international challenges and obligations.

We cover such topics as:

-When there is a transfer of personal data and what legal requirements are involved under the General Data Protection Regulation (AVG).

-The significance of the European Court of Justice's Schrems II ruling, which invalidated the Privacy Shield and led to stricter conditions for transfers to the U.S., among others.

-The requirements for appropriate safeguards, such as the use of Standard Contractual Clauses (SCCs), Binding Corporate Rules (BCRs), and additional technical or organizational measures.

-The recent introduction of the EU-U.S. Data Privacy Framework and the legal and political debate over its sustainability.

-The role of risk assessments, Data Transfer Impact Assessments (DTIAs), and guidance from the European Data Protection Board (EDPB).

-Practical examples of the implications for cloud services, international collaboration, and compliance at government, healthcare institutions, and corporations.

Also covered are current debates about data sovereignty, calls for European alternatives to U.S. platform services, and the growing legal complexity for organizations operating internationally.