The CNIL reminds in its recommandations that it constitutes only examples which are neither prescriptive nor exhaustive and that although they are focused on the web and mobile environment, they can also be applied to other environments (connected TV etc.).
Under the General Data Protection Regulation (GDPR), personal data transfer outside of the EEA (i.e. EU and Norway, Lichtenstein and Iceland) or to international organisations are allowed only if one of the following conditions is met:
the third country is recognised as providing an adequate level of protection via an adequacy decision adopted by the European Commission;
adequate safeguards are implemented (e.g. EU Standard Contractual Clauses, BCR, approved certification or code of conduct.);
a derogation provided for in article 49 is applicable (e.g. express consent, vital interest etc.).
The General Data Protection Regulation (GDPR), applicable since May 2018, gives the European Data Protection Authorities, since then called the Supervisory Authorities, the power to serve administrative fines of up to €20 million or 4% of the global annual turnover of the precedent financial year, whichever is higher.
Under the General Data Protection Regulation (GDPR), organisations which carry out a « cross border data processing » must appoint a Lead Data Protection Authority. This appointed Supervisory Authority will act as their main point of contact.
Although initially introduced to lower the administrative burden of organisations, which previously had to deal with each Member State’s authority, the one-stop-shop provisions were the main point of disagreement during the negotiation of the GDPR and as a result, have become complex.
Indeed, these provisions only apply to cross border processing activities and not to the organisation’s whole processing activities. Besides, if the organisation’s main establishment for this processing activities is outside of the EU, the organisation will not benefit from these provisions. It also entails the formal appointment of the Lead Auhtority where necessary.