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Data Protection and Compliance in Context by Stewart Room

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TRANSBORDER DATA FLOWS AND THE DPA

The eighth data protection principle implements the prohibition against the transfer of personal data to non-adequate countries contained in Article 25 of the Data Protection Directive. The eighth data protection principle says:

8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

The adequacy test set out in Article 25.2. of the Directive is implemented in the interpretation contained in Schedule 1, Part II of the DPA. This says:

13. An adequate level of protection is one which is adequate in ...

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