International
How can foreign data protection requirements be
complied within a legally compliant manner?
Your company must comply with strict data protection regulations, such as the General Data Protection Regulation (GDPR) in Europe, as soon as it processes personal data from customers, employees, or suppliers in another country or works with a foreign service provider. Many other countries have their own data protection laws, such as the California Consumer Privacy Act (CCPA) in the U.S. and the Lei Geral de Proteção de Dados (LGPD) in Brazil.
Violating these regulations can result in heavy fines and civil lawsuits from affected individuals.
Our lawyers specializing in international commercial and IT law will verify that your data processing operations comply with applicable regulations. They will also help ensure that your collaboration with service providers and customers is legally compliant, whether in Germany, France, or a third country. In these cases, we work closely with our foreign colleagues from our a-Global partner network. We advise you on introducing internal data protection guidelines, necessary documentation, and drafting data protection-compliant contracts.
Summary
Is the transfer of customer data abroad permitted?
In general, the transfer of customer data abroad is permitted, but only under certain conditions. The General Data Protection Regulation (GDPR) imposes strict requirements for transferring personal data to third countries outside the EU. An adequate level of protection must either exist in the recipient country, according to the European Commission’s list, or appropriate safeguards must be put in place. These safeguards can include standardized contractual clauses, binding corporate rules, or other mechanisms recognized by the EU. Our lawyers specializing in data protection will support you in ensuring that such data transfers are legally compliant. We draft appropriate contractual clauses, verify the admissibility of data transfers under the GDPR, and ensure compliance with the recipient country’s national regulations.
Who is liable if a foreign service provider violates data protection regulations?
As a general rule, your company is liable as the data controller. Even if the breach is due to misconduct by your foreign processor, you are still the primary contact for supervisory authorities and data subjects.
Therefore, it is crucial to select your business partners carefully and secure your contractual relationships with them in a legally clear and effective manner.
Our international lawyers specializing in data protection can help you limit your liability risks effectively in Germany, France, and third countries by working closely with our foreign colleagues from our a-Global partner network.
Must a GDPR representative be appointed in the European Union?
If your company is based outside the European Union (EU) but processes the personal data of EU individuals, you are required to appoint a GDPR representative within the EU. This person or entity will serve as the central point of contact for data protection authorities and data subjects within the EU.
Our lawyers specializing in international data protection will support you every step of the way, from selecting a suitable representative, to drafting a legally compliant mandate, to implementing your cross-border GDPR obligations. We provide comprehensive advice in Germany, France, and third countries in close cooperation with our foreign colleagues from our a-Global partner network.
You have any other questions?
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