The GDPR introduced a compliance and transparency mechanism under Article 42 that enables personal data transfers to third countries outside the EU. Discover which option among approved certifications, BCRs, law enforcement requests, and SCCs is the correct answer.
Table of Contents
Question
Which mechanism, introduced by the GDPR as a means of ensuring both compliance and transparency, allows for the possibility of personal data transfers to third countries under Article 42?
A. Approved certifications.
B. Binding corporate rules.
C. Law enforcement requests.
D. Standard contractual clauses.
Answer
A. Approved certifications.
Explanation
The correct answer is that approved certifications, introduced by the GDPR under Article 42, allow for the possibility of personal data transfers to third countries while ensuring both compliance and transparency.
Article 42 of the GDPR establishes data protection certification mechanisms, seals, and marks to demonstrate compliance with the regulation. These approved certifications serve as a means for organizations to validate their adherence to data protection requirements, including those related to international data transfers.
By obtaining an approved certification, organizations can showcase their commitment to data protection and facilitate smoother personal data transfers to third countries outside the EU. The certification process involves an assessment by an accredited certification body, which verifies that the organization meets the necessary data protection standards.
Approved certifications under Article 42 provide a transparent and reliable way for organizations to demonstrate their compliance with GDPR requirements, instilling confidence in data subjects and regulatory authorities regarding the handling of personal data during international transfers.
It’s important to note that while binding corporate rules (BCRs) and standard contractual clauses (SCCs) are also valid mechanisms for international data transfers under the GDPR, they are separate from the certification mechanism introduced in Article 42. Law enforcement requests do not fall under the scope of Article 42 certifications.
In summary, approved certifications, as outlined in Article 42 of the GDPR, enable personal data transfers to third countries by providing a means for organizations to demonstrate compliance and transparency in their data protection practices.
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