Art.45 Transfers on the basis of an adequacy decision
Personal data may be transferred to a third country, a territory, one or more specified sectors within a third country, or an international organisation where the Commission has decided that it ensures an adequate level
4
artefacts
1
held by a system
1
at each review
moderate
to go live
SIEM / log platform
where the evidence lives
teal = a system already holds it · olive = produced at each review
system holds itEvidence a system already holds
- A monitoring process for changes to adequacy decisions, with a named owner and evidence it has actually been run · SIEM / log platform
periodic reviewEvidence produced at each review
- Where a decision covers only certified or listed recipients, evidence the recipient's current status was verified · Document repository
governing documentDocuments that govern the control
- Per transfer, the adequacy decision relied on identified by instrument, with confirmation the recipient and the data fall inside its territorial and sectoral scope · Policy repository / GRC workspace
- The fallback plan for each adequacy based transfer should the decision be suspended or repealed, tested against the Article 46 and 49 options · Policy repository / GRC workspace
First move
Start with the 1 of 4 artefacts that already live in a system (SIEM / log platform); keep the periodic reviews but log each one as a dated record with a named reviewer.
Common gaps auditors find
- Adequacy assumed for a whole country where the decision covers only a sector or only listed recipients, with the recipient's listing never verified
- No monitoring for suspension or invalidation, so a transfer continues on a decision that has since been struck down
- Adequacy relied on for the direct transfer with no consideration of onward transfers out of the adequate country
- The decision recorded at contract signature and never rechecked at the periodic review point
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.44 General principle for transfers · Art.46 Transfers subject to appropriate safeguards