Day

December 4, 2003

04 December 2003

EU and UK Regulation of Transborder Data Flows

As markets become more global, data protection awareness and compliance in transborder data flows is becoming increasingly important. There are important issues for companies wishing to send personal data to countries outside the European Economic Area (EEA). This paper considers the restriction on transfer of personal data outside the EEA under Directive 95/46/EC1 (the Directive) and in particular the eighth principle under the UK’s Data Protection Act 1998 (the Act),which implements the Directive in the UK, and the ways in which compliance with it’s requirements may be achieved.

As markets become more global, data protection awareness and compliance in transborder data flows is becoming increasingly important. There are important issues for companies wishing to send personal data to countries outside the European Economic Area (EEA). This paper considers the restriction on transfer of personal data outside the EEA under Directive 95/46/EC1 (the Directive) and in particular the eighth principle under the UK’s Data Protection Act 1998 (the Act),which implements the Directive in the UK, and the ways in which compliance with it’s requirements may be achieved.

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04 December 2003

EU Data Protection Directive

On 23 September 1980, the Organisation for Economic Co-Operation and Development adopted a set of guidelines concerning data protection and transborder data flows. Following on from those guidelines, the EU enacted the Convention for the Protection of Individuals With Regard to Automatic Processing of Personal Data (the “Convention”) in 1981. Within the EU, Member States had divergent laws on data protection and the EU took the view that it would be better to harmonise the laws of all Member States so that people could look to one standard when conducting Processing activity within the EU. At least, that was one of the aspirations. In 1995, after years of discussion the European Data Protection Directive 95/46 EC (the “Directive”) was eventually adopted.

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