Matt from ESI Survival Guide and privacy expert Jonathan Armstrong discuss the practical use of standard contractual clauses to facilitate UK data transfers – particularly to the U.S.
Jonathan offers viewers a few survival tips:
SURVIVAL TIP #1 – If you are going to rely on SCCs, limit data where you can and rely on double due diligence where you cannot.
SURVIVAL TIP #2 – Cull in-country as much as you can. Ask the following questions:
1. Do we really need this particular data set transferred to the U.S.?
2. Is there a smaller subset of data that will be adequate for our purposes? Can we locate the data in the U.S.? SURVIVAL
TIP #3 – With regards to email, if the recipients are in the U.S., you may not need the emails from senders in the EU/UK.
Following the above efforts to minimize the data set, with the remaining data that must be transferred, SCCs are likely the only game in town. Then you move to the double due diligence analysis.
SURVIVAL TIP! Remember to be realistic. There is no perfect solution, and as with most actions involved during discovery, you want to be able to show reasonable, best efforts not perfection. And remember to document your efforts!
#ESISurvivalGuide #UKdatatransfers #standardcontractualclauses #GDPR #Brexit #eDiscovery
For the full extended interview and more content visit www.esisurvivalguide.com.
Stay safe out there in the electronic wilderness!