While mechanisms such as adequacy decisions and standard contractual clauses remain relevant, recent legal developments have highlighted the importance of redundancy in compliance tools when it comes to GDPR-compliant cross-border data flows. Organizations need a diversified set of mechanisms to ensure legal certainty and maintain high standards of protection when transferring data to multiple jurisdictions.
A Complementary Framework for International Transfers
Following the Schrems II ruling and the increasing complexity of global data flows, the need for resilient legal frameworks has become more pressing. Although the EU-U.S. Data Privacy Framework provides a current path for transatlantic transfers, its long-term durability remains uncertain. It is therefore crucial to develop and maintain additional GDPR-compliant options to support transfers worldwide.
The Third Country Transfers Module offers a structured approach to implementing appropriate safeguards for international transfers. It builds on the EU Cloud CoC framework and is designed specifically for the cloud sector, particularly in business-to-business contexts where providers act as processors.
Click here to read the draft Third Country Transfers Module.
Key Elements of the Module
The draft Module complements the existing EU Cloud CoC adherence system and serves as a practical tool to demonstrate compliance for international transfers.
The module:
- Incorporates requirements from EDPB guidance, CJEU case law, and the GDPR’s risk-based approach
- Offers a scalable solution that supports transfers to a wide range of jurisdictions
- Helps organizations identify and apply appropriate technical, contractual, and organizational safeguards
- Includes standardized mechanisms to support documentation and communication between providers and controllers
Engagement and Next Steps
The Module’s dedicated working group, composed of members of the EU Cloud CoC General Assembly, has carefully reviewed the feedback received during the public consultation and is now in the process of finalizing the draft ahead of its submission to the competent supervisory authority.
The development of the Third Country Transfers Module underscores the growing importance of diverse, sector-specific compliance tools. It is intended to equip organizations with a practical solution for international data transfers that supports operational needs while ensuring strong protection of data subjects’ rights.
