When personal data crosses borders, it doesn’t leave its protection behind. Under the UK GDPR (and its EU counterpart), data protection rules don’t stop at the border; they follow the data wherever it goes.
In a world where businesses operate globally, cloud servers sit overseas, and data moves faster than ever, understanding how GDPR applies to international data transfers is essential. Whether you’re a small organisation using a cloud service in the US or a global enterprise with offices across continents, the same principle applies: data must remain protected, no matter where it travels.
So, how does that actually work in practice? Let’s break it down.
What is an International Data Transfer?
An international data transfer happens when personal data – any information that can identify someone – is sent, accessed, or stored outside the UK (or the EU, if you’re under the EU GDPR).
This could include:
- Sending customer details to a service provider based in another country
- Storing data on overseas cloud servers
- Giving team members in another region access to employee records
In each of these cases, GDPR requires that the same level of protection travels with the data, ensuring it’s not compromised by weaker privacy laws elsewhere.
Adequacy Decisions: The Trusted List
The simplest way to ensure safe data transfers is through what’s known as an adequacy decision.
Think of this as a trusted countries list. The UK (and the EU) assesses another country’s privacy laws and practices. If they meet strong data protection standards, that country is declared “adequate.”
When a country has adequacy status, data can move there freely, just as if it stayed within the UK or EU.
Examples of adequate countries currently include:
🇨🇭 Switzerland
🇯🇵 Japan
🇨🇦 Canada (for commercial organisations)
🇳🇿 New Zealand
🇺🇸 The United States (via the Data Privacy Framework, under certain conditions)
If you’re transferring data to one of these approved locations, you can rest easier knowing that GDPR’s standards are being upheld.
Safeguards: Protecting Data When Adequacy Doesn’t Apply
But what if the country doesn’t have an adequacy decision? That’s where appropriate safeguards come in.
The most common safeguard is the Standard Contractual Clause (SCC).
These are pre-approved, legally binding contracts between the data exporter (you) and the data importer (the overseas recipient). By signing them, both parties agree to handle personal data to the same GDPR standards, no matter where it goes.
It’s a bit like saying:
“We may be in different countries, but we promise to play by the same rules.”
SCCs are widely used by businesses that work with global partners or use third-party cloud and SaaS providers based outside the UK or EU.
Binding Corporate Rules (BCRs): For Global Organisations
Large multinational companies often rely on a different mechanism called Binding Corporate Rules (BCRs).
These are internal privacy policies approved by data protection authorities. They apply to all entities within a corporate group, regardless of where they’re located.
So, for example, if a UK-based company has offices in Singapore, the US, and Germany, its BCRs ensure that all those offices follow the same GDPR-level protections when handling personal data.
BCRs are more complex to set up but offer a long-term solution for global data transfers within large organisations.
Exceptions: The Rare One-Offs
Finally, there are specific exceptions: Limited circumstances where data can be transferred without adequacy or safeguards.
These include situations where:
- The individual has given explicit consent for their data to be transferred
- The transfer is necessary for a contract (for example, booking a hotel abroad)
- There’s an important reason of public interest or legal necessity
However, these exceptions should be used sparingly. They’re meant for occasional, one-time transfers, not ongoing business arrangements.
Keeping Data Flows Safe and Compliant
The key takeaway? Sending data overseas doesn’t mean losing control.
GDPR isn’t designed to stop the flow of information; it’s there to make sure that flow is secure, transparent, and trusted.
Whether through adequacy decisions, SCCs, or corporate rules, the goal is the same: to protect individuals’ privacy rights and maintain confidence in how their data is handled globally.
Final Thoughts
In today’s interconnected world, data rarely stays in one place. From multinational corporations to small businesses using cloud tools, international transfers are part of daily operations.
By understanding the rules, safeguards, and responsibilities under GDPR, organisations can continue to innovate and collaborate globally, while maintaining the trust of their customers and partners.
Data protection doesn’t end at the border. It travels with your data – everywhere it goes.