QuestionQ128

Compliance with European Data Protection Law and Regulation

A company is based in a country that the European Union (EU) does not consider to provide an adequate level of data protection. Which of the following is an obligation for the company when it imports personal data from another organization in the European Economic Area (EEA) under standard contractual clauses?

  • A Submit the contract to its own government authority.
  • B Ensure that notice is given to and consent is obtained from data subjects.
  • C Supply any information requested by a data protection authority (DPA) within 30 days.
  • D Ensure that local laws do not impede the company from meeting its contractual obligations.
Explanation

Under the EU standard contractual clauses, the parties must assess whether the laws and practices of the destination country applicable to the importer could prevent the importer from complying with the clauses. The importer must therefore ensure that local law does not obstruct fulfilment of its contractual obligations.

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