Conducting Transfer Impact Assessment

Overview

Following the Court of Justice of the European Union's judgment in Schrems II (Case C-311/18, 16 July 2020), organisations relying on Standard Contractual Clauses (SCCs) or other Art. 46 GDPR transfer mechanisms must conduct a Transfer Impact Assessment (TIA) to evaluate whether the legal framework of the destination country provides an essentially equivalent level of protection for personal data. The EDPB adopted Recommendations 01/2020 on measures that supplement transfer tools to ensure compliance with the EU level of protection of personal data (Version 2.0, adopted 18 June 2021), establishing a six-step methodology for this assessment.

EDPB Six-Step Methodology

Step 1: Know Your Transfers

Map all personal data transfers to third countries, identifying: