Data Transfers to Third Countries (Communication)

The EU Commission wants to make the transmission of personal data to non-EU countries easier in order to promote mutual trade and effectively combat international crime.


In cep’s view, the plan to make the transmission of data to third countries easier, will bring down costs for companies and reduce the burden involved in the lawful transfer of data. The tools with which the Commission principally wants to achieve its aim are basically appropriate. Their application requires caution however. It is currently unrealistic that third countries are really able to provide an “adequate” level of data protection. Alternative transfer tools such as standard data protection clauses and Binding Corporate Rules can neither compensate for all data protection shortcomings in the third country. Only genuine convergence of the data protection level in third countries with that of the EU will ensure a truly high level of data protection. It is therefore appropriate that the Commission wants to campaign for a high level of data protection in third countries.