According to the RGPD (as in the old European data protection system), the default position is that EU personal data cannot be transferred or accessed outside the EEA unless certain conditions are met. For example, if the European Commission has made a decision on a suitability for a given country; or if appropriate security measures have been put in place, such as mandatory business rules (C.B), standard contractual clauses (CSR) or Privacy Shield certification; or where exceptions apply to certain situations (narrowly interpreted). The delegation agreement should define the conditions on which it is based and, if necessary, include the appropriate adequacy mechanism in the agreement itself, for example with regard to the use of standard clauses. What must be included in the agreement depends on the use of a waiver, a derogation or other transfer mechanism to legitimize the transfer of personal data. For some transmission mechanisms, it may be useful to include the mechanism in the agreement itself, for example. B when controller SSCs are used. They should also refer to other relevant agreements. The head of the Council must make available to the external organisation or a third party a copy of this directive and a blank data transfer contract.2. Please agree on how the relevant data will be transmitted safely.3 Document agreements in the data transfer agreement.
When personal data is transferred or accessed outside the EEA, the transfer agreement between the parties must not only take into account the legality of the transfer, but must also take into account the processing of personal data in general and take into account all related PDMP requirements. For example, for data exports to a processor or subcontractor, the RGPD sets out detailed requirements that an agreement must include in addition to dealing with transmission. The requirement to include mandatory information in transfer agreements is a significant change made by the RGPD. The DtA, which must be received by researchers by external parties for incoming data sets, MUST BE verified by a member of the research office`s contract team before the data is transferred, as the conditions must be carefully verified on the applicable funding conditions. This guide defines the procedures of the clinical school, which govern the transmission of registrations between the clinical school and an organization of beneficiaries, both from the clinical school and in detail. A DBA must be set up by a member of the contract team at the research office before the data transfer. This should include the reference to direct and indirect current transfers (if any) as well as the legal basis for transfers. The RGPD anticipates that a processing manager should use only one subcontractor with sufficient safeguards to implement appropriate technical and organizational measures to ensure that the treatment complies with the requirements of the RGPD and that the rights of the individual concerned are respected. As a result, processors should apply the duty of care prior to intervention on the transformers being considered, including indirect transfers. This should include an assessment of data transfers, especially since indirect transmissions are, in the first place, invisible.