Processing of the data

1. Is it necessary to request the express consent of the interested party for the transfer of data?
2. Is it sufficient to inform that the data are advanced and at the end of the clause request the express consent for the corresponding purpose?

Answers:

Consent is not required for transferring data outside the EEA if you are using one of the safeguards indicated by the EU GDPR in article 45 – “ Transfers subject to appropriate safeguards” (https://advisera.com/gdpr/transfers-subject-to-appropriate-safeguards/)

One of the most common and easy to use safeguards are the “Standard contractual clauses” or “Model clauses” which need to be singed by the data exporter and data importer. These standard documents can be found in folder 6 of our EU GDPR Documentation Toolkit.

So, in a nutshell if you use the “Standard contractual clauses” as a safeguard the consent is not needed but the information ab out the intended data transfer needs to be included in the “Privacy Notice”.

To learn more about data transfers don`t miss out on our webinar “How to make personal data transfers to other countries compliant with GDPR” https://advisera.com/webinars/how-to-make-personal-data-transfers-compliant-with-gdpr-free-webinar-on-demand/