New guidance on international data transfers

The ICO has published new guidance on international data transfers. The rules have not changed, but the guidance is aimed at clarifying the existing rules with some real-world examples.

Just as a reminder, the transfer rules apply when you send (or make accessible) personal information and all the following conditions are met:

  • the UK GDPR applies to your processing of the personal information you are sending
  • you are initiating the transfer of personal information to an organisation outside of the UK
  • the organisation receiving the information is a separate legal entity to you

This is called a restricted transfer, and every restricted transfer must be covered by one of the following transfer mechanisms:

  • UK adequacy regulations
  • appropriate safeguards
  • an exception (called a “derogation”)

You can read the updated guidance at https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/international-transfers/