Posted by Gareth Cutter on 2nd April 2009 to
Backup News New measures have been introduced by the European Commission (EC) to ensure the safe transfer of personal data between countries. These include a new set of question & answers and a flow chart for small to medium businesses about on-line international data transfer. The measures have been brought in to protect EU citizens’ personal information.
In short, the European Union’s Data Protection Directive prohibits the transfer of data to countries that don’t meet the EC's data protection policies. This is unless the data controller offers 'adequate safeguards with respect to the protection of the privacy and fundamental rights and freedoms of individuals and as regards the exercise of the corresponding rights'.
At present, the only countries that meet the EC’s strict standards are Switzerland, Canada, Argentina, the Bailiwick of Guernsey, the Isle of Man, the Bailiwick of Jersey and the US (only when the data's treatment is in the Safe Harbor Privacy Principles of the US Department of Commerce).
Businesses that need to transfer data between countries are advised to read the new guidance to ensure it's legality, which can be found here: EC data protection guidance. Further information can be found at the European Commissions's website
