Art.46 Transfers subject to appropriate safeguards
In the absence of an adequacy decision, transfer personal data to a third country or an international organisation only where the controller or processor has provided appropriate safeguards and on condition that enforcea
5
artefacts
0
held by a system
3
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
- The transfer risk assessment examining the destination's law and practice, in particular public authority access, and the conclusion on whether the safeguards are effective there · Policy repository / GRC workspace
- The supplementary measures adopted where that assessment found the instrument alone insufficient, and evidence they are in place · Document repository
- Evidence that data subjects can in practice exercise the rights the instrument confers, such as an operable third party beneficiary route · Vendor register / contract repository
governing documentDocuments that govern the control
- The executed instrument for each transfer, with the modules, annexes and schedules of technical and organisational measures actually completed rather than left blank · Document repository
- Supervisory authority authorisation where ad hoc contractual clauses or administrative arrangements are relied on · 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
- Standard clauses signed with the annexes unfilled, so the data, the purposes and the security measures the clauses are meant to bind are left undefined
- No assessment of destination law and practice, so the clauses are relied on in a jurisdiction whose law makes them unenforceable
- Supplementary measures identified in the assessment and never implemented, leaving open the gap the assessment found
- The instrument signed with the contracting entity while group companies that actually access the data are never brought inside it
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.45 Transfers on the basis of an adequacy decision · Art.47 Binding corporate rules