Digital
The transfer of data across national borders, governed by data privacy and protection laws.
For personal data leaving the EU, Chapter V of the GDPR sets a single governing principle before it sets any mechanism. Article 44 provides that a transfer to a third country or international organisation “shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers … to another third country or to another international organisation”, and that all of Chapter V “shall be applied in order to ensure that the level of protection of natural persons guaranteed by this Regulation is not undermined.” Two things follow that catch people out. The rule follows the data down the chain, so your processor’s sub-processor in a fourth country is your problem. And the easiest route, an adequacy decision under Article 45, is the Commission’s to give and to withdraw, not a status a company can acquire.
What this source settles. Where the text above quotes a regulation or a statute, that instrument governs and its own later amendments prevail over any summary. Where it quotes an institution’s explanatory page or a standard-setter, it is authoritative for how the body understands its own regime and for the figures the body itself publishes — and not for whether the regime works. Read the instrument for obligations, and look beyond the issuer for evaluation.
From the AJG lexicon archive (July 2026).
Developed by Amit Jain at allfrontierglobal.com
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