Tools for transfers and derogations

In the absence of an adequacy decision, transfers of personal data outside the EU can only take place if they are subject to appropriate safeguards. Organisations can use different tools in order to safely transfer personal data outside of the EU (such as Binding Corporate Rules or Standard Contractual Clauses).
Certain derogations permit the transfer of personal data outside the EU when there is no adequacy decision or appropriate safeguards in place: these exceptional measures can only be relied on if specific conditions apply, and not as a regular transfer tool, as they do not provide any safeguards to the data transferred outside the EU.
The EDPB adopts opinions and issues guidance on different types of transfers tools and on derogations, to ensure their consistent application within the EU.

Guidance

Guidelines 02/2024 on Article 48 GDPR

Guideline
#Tools for transfers and derogations
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Guidelines 02/2024 on Article 48 GDPR

Guidelines 01/2023 on Article 37 Law Enforcement Directive

Guideline
#Tools for transfers and derogations #Law enforcement
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Guidelines 01/2023 on Article 37 Law Enforcement Directive

Enforcement

Binding Decision 1/2023 on the dispute submitted by the Irish SA on data transfers by Meta Platforms Ireland Limited for its Facebook service (Art. 65 GDPR)

EDPB Binding Decisions
#GDPR enforcement #Fines #Cooperation between authorities #Standard contractual clauses #Tools for transfers and derogations
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Binding Decision 1/2023 on the dispute submitted by the Irish SA on data transfers by Meta Platforms Ireland Limited for its Facebook service (Art. 65 GDPR)

Policy work

EDPB letter to the European Commission on the privacy implications of recent proposed legislative changes regarding entry conditions to the United States for EEA citizens

Reports, statements, and letters
#Law enforcement #Data subject rights #Biometrics #Adequacy decision #Tools for transfers and derogations #International cooperation
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EDPB letter to the European Commission on the privacy implications of recent proposed legislative changes regarding entry conditions to the United States for EEA citizens

Contribution of the EDPB to the European Commission’s evaluation of the Data Protection Law Enforcement Directive (‘‘LED’’) under Article 62 LED

Other policy document
#Cooperation between authorities #GDPR enforcement #Law enforcement #Tools for transfers and derogations
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Contribution of the EDPB to the European Commission’s evaluation of the Data Protection Law Enforcement Directive (‘‘LED’’) under Article 62 LED

Enforcement support

Report of the work undertaken by the supervisory authorities within the 101 Taskforce

Task force report
#GDPR enforcement #Cooperation between authorities #Standard contractual clauses #Tools for transfers and derogations
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Report of the work undertaken by the supervisory authorities within the 101 Taskforce

Compliance instruments

Opinion 21/2026 on the draft decision of the Irish Supervisory Authority regarding the Controller Binding Corporate Rules of the Flutter Group

Opinion of the Board (Art. 64)
#Binding Corporate Rules #Tools for transfers and derogations
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Opinion 21/2026 on the draft decision of the Irish Supervisory Authority regarding the Controller Binding Corporate Rules of the Flutter Group

Opinion 20/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Fluor Group

Opinion of the Board (Art. 64)
#Binding Corporate Rules #Tools for transfers and derogations
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Opinion 20/2026 on the draft decision of the Dutch Supervisory Authority regarding the Controller Binding Corporate Rules of the Fluor Group

Internal procedure

EDPB Document Setting Forth a Co-Operation procedure for the approval of Binding Corporate Rules for controllers and processors

Procedure
#Binding Corporate Rules #Tools for transfers and derogations
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EDPB Document Setting Forth a Co-Operation procedure for the approval of Binding Corporate Rules for controllers and processors