Am I allowed to store personal data outside of the EU?
March 1, 2023 | 50,00 EUR | answered by Irmgard Helbig
Dear Data Protection Lawyer,
My name is Artur Wolf and I am the owner of a small business that serves international clients. Lately, I have been considering storing personal data outside of the EU in order to improve the efficiency of my work processes. However, I am unsure if this is legally allowed and what consequences it could have.
Currently, I store all customer data on servers within the EU to comply with the requirements of the General Data Protection Regulation (GDPR). However, since many of my clients are based outside of the EU, I am wondering if it would be legally permissible to store their data outside of the EU.
I am concerned that this could potentially violate data protection regulations and expose my company to legal consequences. Therefore, I would like to know if it is possible to store personal data outside of the EU, and if so, what steps I need to take to legally secure this.
I would greatly appreciate it if you could assist me in this matter and provide possible solutions to optimize my work processes without violating current data protection laws.
Thank you in advance for your support.
Kind regards,
Artur Wolf
Dear Mr. Wolf,
Thank you for your inquiry regarding the storage of personal data outside the EU and the associated legal consequences. As a data protection lawyer, I am happy to offer you my expertise to shed light on this legal issue.
In principle, under the General Data Protection Regulation (GDPR), it is permissible to store personal data outside the EU. However, there are some important aspects to consider to ensure that the data is adequately protected and that data protection requirements are met.
First, you should check if the country where the data is to be stored offers an adequate level of data protection. The EU Commission has compiled a list of countries deemed safe, where personal data can be stored without additional safeguards. If the destination country is not on this list, additional measures must be taken to ensure an adequate level of data protection.
Furthermore, you should ensure that the contracts with service providers storing data outside the EU include the necessary data protection clauses. These clauses outline the measures the service provider must take to adequately protect the data and comply with data protection requirements.
Additionally, I recommend conducting a data protection impact assessment to identify potential risks to the data protection rights of individuals and take appropriate measures to minimize risks. Such an assessment can help ensure the legality of data processing outside the EU.
Overall, it is possible to store personal data outside the EU as long as adequate safeguards are in place and data protection requirements are met. I recommend seeking individual advice to ensure that your data processing complies with legal requirements.
I hope this information has been helpful, and I am available for any further questions.
Best regards,
Irmgard Helbig
