Recital 101 – General Principles for International Data Transfers*

1Flows of personal data to and from countries outside the Union and international organisations are necessary for the expansion of international trade and international cooperation. 2The increase in such flows has raised new challenges and concerns with regard to the protection of personal data. 3However, when personal data are transferred from the Union to controllers, processors or other recipients in third countries or to international organisations, the level of protection of natural persons ensured in the Union by this Regulation should not be undermined, including in cases of onward transfers of personal data from the third country or international organisation to controllers, processors in the same or another third country or international organisation. 4In any event, transfers to third countries and international organisations may only be carried out in full compliance with this Regulation. 5A transfer could take place only if, subject to the other provisions of this Regulation, the conditions laid down in the provisions of this Regulation relating to the transfer of personal data to third countries or international organisations are complied with by the controller or processor.

* This title is an unofficial description.


Why Recital 101 Matters for GDPR Compliance?

Recital 101 plays a key role in GDPR compliance by establishing the fundamental principle that international transfers of personal data must not undermine the level of protection guaranteed within the European Union. It recognizes the importance of global data flows while ensuring that appropriate safeguards are in place when transferring data to third countries or international organizations. This recital emphasizes that such transfers can only occur if compliance with GDPR conditions is maintained, including ensuring equivalent protection standards. It reinforces the idea that data protection rights must travel with the data, regardless of where it is processed, thereby safeguarding individuals’ rights in cross-border contexts.

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