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Transfer 

Global data transfer methodology

Transfer Impact Assessments After Schrems II

 

In 2020, the Schrems II judgment from the Court of Justice of the European Union reshaped how organizations manage cross-border data transfers. Under this landmark ruling, any transfer of personal data from the EU or UK to a “third country” (a country outside the EU/EEA or UK) now requires a Transfer Impact Assessment (TIA).

 

A TIA is far more than a checkbox exercise. It is a case-by-case evaluation of whether the laws, practices, and safeguards in the destination country provide an “essentially equivalent” level of protection to that guaranteed under EU law. This includes assessing the risk of public authority access to personal data, the legal remedies available, and the effectiveness of contractual and technical safeguards.

 

For many organizations—even those with robust compliance teams—meeting the Schrems II standard is challenging. It demands multi-jurisdictional legal insight, regulatory awareness, and the ability to assess operational risks in a fast-changing digital environment.

 

Transfer was developed to simplify and standardize this complex process. Using a clear, step-by-step framework, it enables data exporters and importers to:

 

  • Review and interpret relevant laws and practices in the recipient country.

  • Evaluate contractual, organizational, and technical safeguards in place.

  • Assess the severity and likelihood of harm from public authority access to data.

  • Apply a logical, consistent, and defensible methodology for regulatory scrutiny.

​We Can do

At Kingtham, we help businesses design and execute TIAs that withstand legal, regulatory, and operational challenges—whether your transfers involve one jurisdiction or multiple continents. Our team combines deep knowledge of EU, UK, U.S., and Asia-Pacific data protection laws with practical experience in cross-border compliance and dispute resolution.

 

Protect your data flows. Preserve your business agility.

Contact our Data, Privacy & Cybersecurity team to ensure your international transfers meet Schrems II and global regulatory requirements.

Resources

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DPC v Facebook Ireland, Maximillian Schrems (Case C 311/18).

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Extra safeguards added to transfer tools to make sure personal data meets EU protection standards.

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The data protection landscape is evolving at unprecedented speed, with new laws, enforcement actions, and industry standards emerging across every major jurisdiction. This section keeps you informed on the latest global developments—from legislative reforms and regulatory guidance to landmark court decisions—so you can anticipate change, adapt your compliance strategies, and maintain a competitive edge in today’s interconnected digital economy.

DisclaimerThe information provided on this page is for general informational purposes only and does not constitute, and should not be relied upon as, legal advice. No attorney–client relationship is formed by accessing or using this information. For advice on your specific circumstances, please contact a qualified attorney at Kingtham Law.

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