Security & GDPR
GDPR and data: a practical guide for leadership
What the GDPR requires when exploiting data, what responsibility falls on leadership and how to work with sensitive data without losing control or compliance.
Read articleKey takeaways
- Transferring personal data outside the EEA requires adequate guarantees under the GDPR.
- Adequacy decisions and standard contractual clauses are the usual mechanisms.
- Schrems II case law tightened control of these transfers.
- Processing in Europe simplifies compliance and reduces risk.
- It is where many companies unknowingly breach the rules.
In a world of global services, data crosses borders with an ease many companies do not perceive: using a tool whose provider processes on another continent is, technically, an international transfer. The GDPR imposes strict conditions, and understanding them avoids legal risks that often go unnoticed.
What it is
An international data transfer is any sending of personal data outside the European Economic Area (EEA). The GDPR only allows it if the destination offers adequate protection guarantees.
The permitted mechanisms
- Adequacy decision: the EU recognises a country offers equivalent protection.
- Standard contractual clauses (SCC): approved contracts binding the recipient.
- Binding corporate rules for multinationals.
- Additional safeguards when the context requires.
The Schrems II effect
Before
Often assumedvalid
Schrems II
Case-by-caseassessment
Now
Extra measuresoften needed
A key EU Court of Justice ruling (Schrems II) invalidated a transfer framework with the US and required assessing, case by case, whether guarantees are truly effective. Transfers outside the EEA now require more careful analysis and often additional measures.
Why processing in Europe simplifies
The simplest way to avoid the complexity of international transfers is not to make them: if data is processed and stored within the EEA, the problem largely disappears. "Compute in Europe" is not only sovereignty, but also simplicity and reduced compliance risk.
After Schrems II, transferring data outside the EEA is no longer automatic: you must prove the guarantees are effective.
In summary
Any sending of personal data outside the EEA is a transfer the GDPR only allows with adequate guarantees — adequacy decisions, standard contractual clauses or additional safeguards. Schrems II tightened this with case-by-case assessment. Processing in Europe is the simplest way to remove the risk: no transfer, no problem.
Sources & further reading
Frequently asked questions
Can I send personal data outside Europe?
Only with adequate guarantees: an adequacy decision, standard contractual clauses or other GDPR mechanisms, and often additional measures after Schrems II.
What changed with Schrems II?
It requires assessing case by case whether a transfer’s guarantees are effective, tightening control over data leaving the EEA.
How do I avoid the problem?
By processing and storing data within Europe, which largely removes the complexity of international transfers.
When does a transfer happen without me realising?
When a provider processes or stores data outside the EEA, even if you do not "export" it actively. Know where your provider processes.
What are standard contractual clauses?
EU-approved contracts that bind the data recipient to a protection level equivalent to Europe’s — one of the most used mechanisms.
Why does processing in Europe reduce risk?
Without a transfer outside the EEA there are no guarantees to justify or case-by-case analyses to run — the problem simply does not arise.
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