Data Transfer Mechanism Selector (GDPR / UK GDPR)

Choose the right cross-border data transfer mechanism under GDPR or UK GDPR

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Moving personal data across borders under the GDPR or UK GDPR means picking a lawful transfer mechanism from Chapter V. This selector walks the decision tree the way a data protection officer would — adequacy first, then contracts, then narrow derogations — and tells you the exact article that applies.

How it works

Chapter V sets a priority order for cross-border transfers:

  1. Adequacy (Art. 45) — if the destination has an adequacy decision, you can transfer freely with no extra safeguard.
  2. Appropriate safeguards (Art. 46) — otherwise use a contract: EU Standard Contractual Clauses for an EU exporter, or the IDTA / UK Addendum for a UK exporter, paired with a transfer risk assessment.
  3. Binding Corporate Rules (Art. 47) — for intra-group transfers in large multinationals, once approved by a supervisory authority.
  4. Derogations (Art. 49) — explicit consent or contractual necessity, only for occasional, limited transfers.

The tool applies these in order based on your answers, including the special case of certified US recipients under the Data Privacy Framework.

Example and notes

An EU company sending customer records to a US analytics vendor that is not DPF certified lands on the EU SCCs plus a transfer risk assessment and supplementary measures such as encryption. The same flow from a UK exporter uses the IDTA or the UK Addendum instead. A single, consented export of one record to wrap up a contract can rely on an Article 49 derogation. Adequacy lists change often, so treat the built-in list as illustrative and verify before relying on it.

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