A guide from the LfDI Banden-Württemberg
The State Commissioner for Data Protection and Information Security Baden-Württemberg
has published a guideline for international data transfer (as of 9/2021), which you can find here.
Pages 4-7 of the guide contain information that you probably already know,
especially if you read our blog regularly. We have also reported on the information on page 8 (new standard contractual clauses)
we have already reported here (Part I) and here (Part II).
The guidance also reports once again on the special features of the new standard contractual clauses (recommended reading!!).
There is also a link here to recommendations on measures to supplement transfer tools from the edpb (European Data Protection Board),
which every controller who transfers data to third countries should take a look at.
The LfDI BW points out that the new standard contractual clauses, which are to be used exclusively from 27.12.2022 (until then, the old standard contractual clauses can be gradually replaced with the new clauses), should be supplemented with additional clauses (from page 9).
The recommended additions to the standard contractual clauses proposed by the LfDI BW should be carefully examined. It is doubtful whether these will be signed by the contracting party in the third country without discussing the respective costs.
The LfDI BW advises those responsible to check the legal situation in the respective third countries, particularly with regard to the intelligence service's access options. This will be exciting. In view of the high requirements, many companies will have to consider whether the transfer is worth the effort. Of course, this depends on the contractual relationships in the respective third countries.
On page 12 of the guide you will find a checklist, starting with an inventory and ending with the documentation of all the audit steps listed on pages 12-14.
If you need advice on data transfer to third countries, please contact us.
