Before sharing personal data with other organisations, especially outside the EEA, you need to stop and think about the GDPR implications.
The sharing of personal data by organisations within Europe is subject to the General Data Protection Regulation (GDPR). Data sharing isn't wrong. There are legitimate reasons for companies to share personal information.
Crucially, before you share personal information, make sure there's a legitimate reason for doing so, the protections are adequate, and appropriate safeguards are in place.
A lot has changed since the introduction of the GDPR, not least the UK Brexit referendum. That's why it's worth taking a fresh look at how to stay compliant when sharing data under the GDPR.
Why are you sharing data in the first place? What is your lawful basis for this? What are you hoping to achieve? Is it justified? Is the data sharing proportionate? What and how much data will be shared? With whom?
What are the benefits and risks of sharing or not sharing the information? Remember, if there is a high risk to the rights and freedoms of data subjects, conduct a Data Protection or Privacy Impact Assessment (PIA).
Think about what type of organisation you work for, what relevant powers or functions does it have, what is the nature of the information you're planning to share (e.g. is it confidential, especially sensitive, etc.), and is there a legal obligation (such as a legal requirement, a court order, a safeguarding duty, etc.)?
Is it to a country outside the European Economic Area (EEA)? If so, is the transfer covered by an adequacy decision that safeguards individuals' rights and freedoms?
Consider whether other safeguards govern the transfer. For example, binding corporate rules (BCRs), standard contractual clauses (SCCs) approved by the Commission etc.
What can you do if you have no 'adequacy' decision and no appropriate safeguards? Well, whether or not you have the individual's explicit consent, there are some exceptions you can rely on.
Examples of exceptions include:
Are there any sharing protocols or agreements currently in place with the third party? How frequently is information shared with them? What information will you give to data subjects about this? At what point and how will this be communicated? What specific measures are in place to maintain security (e.g. encryption)?
How will you ensure that the data you have shared remains up-to-date and accurate? Who is responsible for doing this (the company doing the sharing or the recipient company)? What arrangements are in place if data subjects want to access it? How long should each party retain data, and what processes are required to ensure it is deleted by all parties when it is no longer needed?
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