Question 1
AdvancedPrivacy Law and Regulation (CIPP Foundation) · Cross-border data transfer mechanisms
A multinational pharmaceutical company headquartered in France is planning to centralize its HR data processing in a new cloud instance hosted in the United States. The data includes sensitive health information of employees from France, Germany, and Italy. As the Chief Privacy Officer, you are conducting a Transfer Impact Assessment (TIA). Which of the following factors is MOST critical to evaluate to ensure the transfer withstands scrutiny under the 'Schrems II' requirements regarding US surveillance laws?
Answer and explanation
Correct answer: D
Under the CJEU's Schrems II ruling and subsequent EDPB recommendations, the core issue is whether the laws in the third country (specifically US surveillance laws like FISA 702 and EO 12333) impinge on the effectiveness of the transfer tool (like SCCs). The TIA must assess if the importer is a 'communications service provider' subject to these laws and if technical supplementary measures (like encryption where the keys are held in the EU) can effectively prevent access.
