GDPR A45-01: Transfers Based on Adequacy Decision
When transferring personal data outside the EU/EEA, an adequacy decision streamlines compliance by establishing that the destination country offers equivalent data protection. This control requires you to document the adequacy decision as your transfer mechanism and continuously monitor for changes that could disrupt your data flows.
What this means
Article 45 of the GDPR allows transfers to countries where the EU Commission has determined that the legal framework provides adequate protection equivalent to EU standards. Unlike Standard Contractual Clauses (SCCs) or Binding Corporate Rules (BCRs), adequacy decisions eliminate the need for additional safeguards—but only while the decision remains active. You must identify which adequacy decisions apply to your transfers, document them as your transfer mechanism, and maintain awareness of regulatory developments that could revoke or suspend these decisions.
How to comply
- 1.Identify all destinations receiving personal data and cross-reference against the EU Commission's current list of adequate countries
- 2.Document which adequacy decision(s) apply to each international data transfer in your Data Transfer Impact Assessment (DTIA)
- 3.Establish monitoring procedures to track EU Commission announcements, court rulings, and regulatory changes affecting adequacy decisions
- 4.Create a contingency plan to switch to alternative transfer mechanisms (SCCs, BCRs) if an adequacy decision is suspended or revoked
- 5.Maintain records of the adequacy decision framework, effective date, and scope for audit purposes
- 6.Review and update transfer documentation annually or when business relationships change
Evidence auditors look for
- Documented list of countries where your organization transfers data, mapped to specific adequacy decisions
- Data Processing Agreements (DPAs) or contracts explicitly referencing Article 45 adequacy decisions
- Monitoring log showing regular review of EU Commission adequacy decision status
- Contingency procedures or alternative transfer mechanisms (SCCs/BCRs) prepared for countries with suspended decisions
- DTIA or Transfer Impact Assessment documenting the adequacy decision as the transfer mechanism
Frequently asked questions
When will FAQs be available?
The FAQ for this control is currently being prepared.
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