Draft EU Guidelines on Cross-Border Data Transfer

21 February 2018
View Client Update

Key takeaways

  • The EU's Article 29 Data Protection Working Party has issued draft Guidelines on Article 49 of the EU General Data Protection Regulation, setting out some circumstances when EU personal data can be transferred to the U.S. and other countries that, according to the EU authorities, do not adequately protect personal data.
  • The Good News: The Working Party has taken a more expansive view of the “establishment, exercise or defence of legal claims” exemption, which may allow for greater information sharing with U.S. authorities and civil litigants.
  • The Bad News: The public interest, vital Interests, and compelling legitimate interests bases for data transfers remain restrictive.                                 
  • There is an opportunity to influence the final version of the Guidelines by making a submission to the Working Party by 26 March 2018.