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Remote Working and Accessing EU data from outside the EU

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Kevin Harkin Created:   Jun 23, 2021 Last commented:   Jun 28, 2021

Remote Working and Accessing EU data from outside the EU

We are a EU based company and could have an employee based outside the EU who would be remote working. They would be accessing their PC within the office enviroment by remote desktop connection and accessing client Databases/CRM's that contain data on EU residents. The clients would be the Controllers of the data and we would be the processor. Would this be classified as a transfer to a third country? If so what measures would we need to put in place? 

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Step-by-step implementation for smaller companies.

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Alessandra Nisticò Jun 28, 2021

Yes, even access from a third country is a data transfer.You need to verify in which country is located your employee, if the country can benefit from an adequacy decision or if you need to annex Standard Contractual Clauses at the agreements with your Clients. On the website of the EU Commission, you can check the country which benefits from adequacy decision under Article 45 GDPR https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en Here you can find the model of the New Standard Contractual Clauses: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj

If you need to know more about how to transfer data in third countries under the EU GPDR here you can find more information:

You can also consider enrolling in this free online training EU GDPR Foundations Course: https://training.advisera.com/course/eu-gdpr-foundations-course/

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