International Data Transfer Agreement

What is the International Data Transfer Agreement (IDTA)?

The International Data Transfer Agreement (IDTA) is a legally binding document that governs the transfer of personal data from the UK to other countries, ensuring compliance with the UK GDPR. Post-Brexit, the IDTA is a key mechanism to maintain data protection standards during cross-border transfers to non-UK entities.

Understanding when to use the International Data Transfer Agreement, conducting a Transfer Risk Assessment, and staying informed about legal obligations are key to ensuring the security and privacy of personal data across borders.

When should you use the International Data Transfer Agreement?

You will need to use an IDTA when transferring personal data to a country outside the UK that does not have an "adequacy decision" from the UK government. The IDTA helps ensure the same level of data protection is maintained, regardless of the location of the recipient. In some cases, businesses may also consider using the IDTA in combination with the EU’s Standard Contractual Clauses (SCCs) or other contractual tools, especially if transfers include both EU and UK data.

Key components of the International Data Transfer Agreement

The IDTA includes specific clauses that outline the responsibilities of both parties in ensuring the security and privacy of personal data. It addresses key issues such as:

• Data processing obligations
• Security measures
• Data subjects’ rights
• Transfer Risk Assessment (TRA) requirements

What is a Transfer Risk Assessment (TRA)?

Before using the IDTA, businesses are required to conduct a Transfer Risk Assessment (TRA). This assessment helps organisations evaluate the risks involved in transferring data to non-UK entities, ensuring that the level of protection is adequate and in compliance with UK data protection laws. This is particularly important for transfers to countries without an adequacy decision.

International Data Transfer Agreement vs other transfer tools

The IDTA is one of several tools for international data transfers. It is specifically designed for UK data transfers, whereas the Standard Contractual Clauses (SCCs) are still used for EU data transfers. Businesses that handle both UK and EU data may need to use both the IDTA and SCCs depending on the transfer's location.

Other tools for transfers include:

• Adequacy regulations: Used when the recipient country has been deemed to have adequate data protection laws.
• Binding Corporate Rules (BCRs): Internal policies for multinational organisations.

Practical tips for businesses

• Automate your data transfers: Use technology to streamline the management of data transfers, ensuring that IDTAs are applied correctly and regularly updated.
• Monitor compliance: Regularly review and update transfer agreements to reflect any changes in data processing activities or legal obligations.‍
• Seek legal advice: For businesses transferring significant amounts of data, consulting with legal experts can ensure that data transfers comply with all applicable regulations.

What is an example of an International Data Transfer?

Here’s an example of an international data transfer that can be covered by an IDTA:

• NewsBook, a UK media publisher, wants to use analytics software to see how people use its app.
• NewsBook decides to engage DataBraz, an analytics provider based in Brazil.
• NewsBook will send DataBraz data about its users for analysis in Brazil.

In this scenario, we have an exporter, NewsBook (covered by the UK GDPR), and an importer, DataBraz (not covered by the UK GDPR).

The following example is not an international data transfer:

• NewsBook’s CEO goes on a business trip to Brazil.
• She accesses personal data about NewsBook employees and customers while in Brazil.

Although the personal data is being accessed in Brazil, there’s only one party here—NewsBook.

An international data transfer requires two legally distinct entities: An UK-based exporter and a non-UK importer, with the importer making personal data available to the exporter.

Key Takeaways & Wrap Up

In this article, we have helped you understand the following about the International Data Transfer Agreement (IDTA):

• The International Data Transfer Agreement is a legally binding document ensuring UK GDPR compliance when transferring personal data from the UK to non-adequate countries.
• It is required for transfers to countries without a UK adequacy decision and may be used alongside EU Standard Contractual Clauses (SCCs) for transfers involving both UK and EU data.
• Key components include data processing obligations, security measures, data subjects’ rights, and a mandatory Transfer Risk Assessment (TRA).
• The IDTA complements other tools like adequacy regulations and Binding Corporate Rules (BCRs) for cross-border data transfers.

The IDTA ensures data protection during international transfers and is crucial for businesses managing UK personal data. To explore how Privasee can assist with data transfer compliance, book a demo today. 

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International Data Transfer Agreement - FAQs

Is the IDTA the same as the SCCs?

‍No, the IDTA is specifically for UK data transfers, while the SCCs are used for EU data transfers. Businesses transferring data across both regions may need to use both.

When do I need a Transfer Risk Assessment (TRA)?

‍A TRA is required before transferring data to a non-UK entity using the IDTA. It assesses the data protection risks in the recipient country.

Can small businesses use the IDTA?

‍Yes, the IDTA is applicable to businesses of all sizes that need to transfer personal data internationally while remaining compliant with UK GDPR.

What are adequacy regulations?

‍Adequacy regulations are decisions by the UK government that a third country’s data protection laws offer equivalent protection, allowing for easier data transfers.