How a DPO Supports Cross-Border Data Transfers Under GDPR

As globalisation continues to shape the way businesses operate, the movement of personal data across borders has become not just common but essential. Multinational corporations, cloud-based services, and even small online retailers often have operations, clients, or data processors situated in multiple countries. While this interconnectedness brings numerous commercial benefits, it also creates compliance challenges, especially in the context of data protection.

The General Data Protection Regulation (GDPR), which came into force in May 2018, governs the processing of personal data of individuals within the European Economic Area (EEA). A key principle of the GDPR is that data protection standards should not be diminished when data leaves the EEA. Ensuring these standards are maintained is one of the critical responsibilities of the Data Protection Officer (DPO). The DPO plays a strategic and operational role in supporting lawful and secure cross-border data flows.

Ensuring Legal Basis for Transfers

A fundamental way in which a DPO supports international data transfers is by ensuring that each transfer has a valid legal basis under Chapter V of the GDPR. This includes assessing and advising on mechanisms such as adequacy decisions, standard contractual clauses (SCCs), binding corporate rules (BCRs), and derogations for specific situations.

The DPO must stay informed about the ever-evolving landscape of adequacy decisions issued by the European Commission, which determine whether a non-EEA country offers an equivalent level of data protection. In cases where no adequacy decision exists, the DPO assists in evaluating the appropriateness of SCCs or BCRs and ensures that their deployment aligns with the organisation’s data processing activities.

Crucially, since the Schrems II ruling in July 2020 invalidated the Privacy Shield framework and called for increased scrutiny of SCCs, the DPO’s involvement has become more significant. They are now expected to help carry out Transfer Impact Assessments (TIAs) and advise on supplementary safeguards to ensure data transferred outside the EEA remains protected to GDPR standards.

Coordinating Transfer Impact Assessments

One of the more intricate tasks faced by data processors and controllers is navigating the due diligence required for data transfers to non-adequate countries. The DPO plays a central role in facilitating Transfer Impact Assessments, especially when using tools such as SCCs. These assessments involve scrutinising the legal environment of the recipient country, particularly with regard to public authority access to personal data.

This task involves a multipronged evaluation – the DPO must liaise with internal stakeholders, such as IT security teams and legal counsel, while also reviewing factors such as encryption protocols, surveillance laws, and the availability of legal remedies for data subjects abroad. Based on the outcome of a TIA, the DPO may recommend modifying data flows, implementing additional contractual clauses, or even suspending risky transfers altogether.

By ensuring rigorous, proactive risk assessment, the DPO not only facilitates compliance with the GDPR but also helps to foster trust among customers and regulators.

Establishing and Reviewing Policies and Procedures

To support compliant cross-border transfers, the DPO guides the development and ongoing review of robust internal policies and procedures. These documents govern how personal data is identified, classified, processed, transferred, and protected when it moves between jurisdictions.

DPOs ensure that these policies are not merely checkbox exercises but are aligned with operational reality. They work with business units to map data flows accurately and update documentation when services or vendors change. They also introduce escalation procedures for reporting breaches or suspected non-compliance concerning international transfers.

Moreover, the DPO ensures that policy documents respond fluidly to legal changes. For instance, in light of the UK’s status outside the EU, DPOs operating in organisations with both EU and UK presence need to monitor and incorporate the rules set forth by both the EU GDPR and the UK GDPR. This dual compliance obligation adds layers of complexity requiring a nuanced understanding and approach.

Advising on Technical and Organisational Measures

GDPR compliance in cross-border transfers does not end with the choice of a legal mechanism. It also involves implementing appropriate technical and organisational measures (TOMs) to ensure the protection of personal data in transit and at rest. Here, the DPO plays a crucial role in collaborating with IT and cybersecurity teams to evaluate the adequacy of these measures, particularly following the European Data Protection Board’s recommendations.

These measures may include data encryption, anonymisation, access controls, audit logs, and data minimisation strategies. The DPO may also recommend measures such as data localisation, tokenisation, or pseudonymisation to mitigate the risks posed by transfers to environments perceived as surveillance-heavy or lacking in effective legal oversight.

In addition, the DPO offers guidance on contractual aspects with third-party vendors and partners. These may involve ensuring clauses around data security, breach notification timelines, and audit rights are properly drafted to safeguard the data across borders.

Training and Awareness Across the Organisation

A compliant cross-border transfer framework cannot be built in silos. It requires an organisation-wide understanding of policies, risks, and responsibilities associated with international data flows. Training and awareness initiatives, designed and led by the DPO, are indispensable in this context.

The DPO tailors training sessions to different audiences – from human resources and legal staff to IT engineers and customer service representatives. Each group needs to understand how they contribute to safeguarding personal data, particularly when using international software solutions or engaging with external suppliers located outside the EEA.

More importantly, the DPO fosters a culture of accountability, ensuring that staff are empowered to spot potential risks and report them early. By nurturing this proactive attitude, not only are compliance risks minimised but the institution also builds a more resilient data protection ethos.

Liaising with Supervisory Authorities

Given the complex nature of international transfers, potential enforcement issues, and complaints arising from them, the DPO also acts as a liaison between the organisation and the supervisory authorities. Whether responding to inquiries, providing documentation, or dealing with cross-border investigations, the DPO represents a critical point of contact.

The GDPR highlights the DPO’s role as an independent advisor. This means that while they operate within the business, their evaluations and recommendations must remain free of any conflicts of interest. When deals or data-sharing agreements are being negotiated, the DPO ensures that data protection concerns are addressed transparently and that regulatory expectations are realistically communicated to executives and partners.

Where applicable, the DPO may also facilitate consultation with supervisory authorities under Article 36 of the GDPR, especially if data transfers present high risks to the rights and freedoms of data subjects and no mitigation measures appear viable.

Supporting Vendor Management and Due Diligence

Many cross-border data transfers happen in the context of outsourcing – such as cloud storage, CRM tools, or payroll processing platforms. The DPO is key in supporting the vendor selection and evaluation process.

Before a service provider is engaged, the DPO ensures that a thorough data protection due diligence process is carried out. This assesses the vendor’s compliance posture, security certifications, history of breaches, and their own data transfer mechanisms. Is the vendor located in a jurisdiction with an adequacy decision? Are they utilising SCCs or BCRs? These practical questions are central to the DPO’s role.

After the vendor is onboarded, the DPO helps establish performance metrics and audit rights to ensure ongoing compliance. Vendor reassessment is also part of this oversight, particularly when legal or technological landscapes shift. In this way, the DPO effectively embeds data protection by design and by default into external partnerships.

Updating the Record of Processing Activities

Maintaining an up-to-date Record of Processing Activities (RoPA) under Article 30 of the GDPR is another essential compliance requirement related to international data transfers. Working closely with data owners and IT departments, the DPO ensures that these records reflect the true nature of any cross-border data flows.

These records must clearly specify the purposes of the transfers, categories of data and recipients, and the safeguards in use. Any material change in the nature of the transfer – such as a new vendor being used or a new data category being involved – must be promptly updated. The RoPA not only serves as a compliance document but is also a vital internal tool for governance and accountability.

Integrating Privacy by Design and by Default

Large-scale projects, such as implementing a new CRM system or outsourcing HR operations, often involve the international movement of data. The DPO’s involvement from the earliest stages ensures that privacy considerations are built into design and planning.

Acting as a key stakeholder in project teams, the DPO ensures that privacy by design and by default principles are operationalised, and that international data flow implications are anticipated early. This proactive involvement avoids costly retrofitting and reduces the risk of non-compliance.

Where required, the DPO may assist in conducting a Data Protection Impact Assessment (DPIA), specifically exploring whether the processing activity involves cross-border data transfers and how those risks would be mitigated.

Conclusion

The delocalisation of services and the internationalisation of business functions mean that cross-border data transfers are not peripheral but central to the operations of modern organisations. However, the regulatory expectations set by the GDPR make such transfers a complex legal and operational territory.

In this environment, the DPO is not merely a compliance officer but a strategic enabler. By advising on legal mechanisms, bolstering technical safeguards, training staff, and coordinating with regulators, the DPO plays a crucial unifying role. Their cross-functional perspective and impartial expertise ensure that international data transfers are conducted not only in compliance with the law but also in a manner that upholds the trust of individuals whose data is at the heart of every transaction.