Transfer Of Personal Data To Us Generally Requires Adherence To Safe Harbor, Conclusion Of Model Contract Or Consent Of Data Subject

This summary discusses the rules governing the transfer of personal data from Belgium to the United States of America under the Belgian Data Protection Act of December 8, 1992 as amended by the law of December 11, 1998 (the “DPA”). The DPA implements EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

The following questions have been addressed in this article:

To what extent is transfer of personal data to countries outside the EEA allowed?
Does the US legislation provide an adequate level of privacy protection?
How do data controllers in the EEA know to which companies in the US data can be transferred?
Are companies, which have adhered to the Safe Harbor Principles the only US companies that can receive personal data from data controllers in the EU?

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