Art.44 General principle for transfers
Transfer personal data undergoing processing, or intended for processing after transfer, to a third country or an international organisation only where the conditions laid down in Chapter V are complied with by the contr
4
artefacts
0
held by a system
1
at each review
hard
to go live
Document repository
where the evidence lives
teal = a system already holds it · olive = produced at each review
system holds itEvidence a system already holds
none for this control
periodic reviewEvidence produced at each review
- Evidence that remote access from a third country was assessed as a transfer alongside physical movement of data · Physical access / facilities
governing documentDocuments that govern the control
- A transfer register listing every transfer with the destination country, the recipient, the data categories and the Chapter V mechanism relied on · Policy repository / GRC workspace
- The onward transfer position for each recipient, showing what the recipient may do with the data and under which mechanism · Document repository
- The reasoning that the level of protection is not undermined by the arrangement as a whole, not only by the chosen instrument · Document repository
First move
This control is evidenced by people and documents, not systems. Put the document under version control with an owner and review date, and log each review as a record with reviewer and date. Do not try to automate it.
Common gaps auditors find
- Remote support access, cloud administration and follow the sun operations from third countries never recognised as transfers at all
- The transfer register recording the contracting entity's location rather than the locations the data can actually be accessed from
- Onward transfers by the recipient left uncovered, so the chain breaks one step beyond the direct relationship
- A mechanism recorded per vendor rather than per transfer, so several distinct transfers share one unexamined justification
Do this for your whole sheet
Paste the rows you run your controls from and get this mapping for every control at once, with the periodic-review ones flagged and a first move per row. No account for the first run.
Build my evidence sheetArt.39 Tasks of the data protection officer · Art.45 Transfers on the basis of an adequacy decision