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CDPSE · Question #288

Which of the following is the PRIMARY reason to allow data transfer between regions?

The correct answer is A. Data subjects give implicit consent for a contract or claim. Under major privacy frameworks such as GDPR, one of the primary legal bases permitting cross-border data transfer is that the transfer is necessary for the performance of a contract to which the data subject is party, or for pre-contractual steps taken at the data subject's…

Data Life Cycle

Question

Which of the following is the PRIMARY reason to allow data transfer between regions?

Options

  • AData subjects give implicit consent for a contract or claim.
  • BThere is a legal basis of public interest.
  • CData transfer concerns a limited number of data subjects.
  • DThere are legitimate interests that override data subject rights.

How the community answered

(25 responses)
  • A
    88% (22)
  • B
    4% (1)
  • C
    8% (2)

Explanation

Under major privacy frameworks such as GDPR, one of the primary legal bases permitting cross-border data transfer is that the transfer is necessary for the performance of a contract to which the data subject is party, or for pre-contractual steps taken at the data subject's request. This represents implicit consent tied directly to the subject's own contractual relationship - a broad and commonly applicable basis. Public interest (B) is a narrower, harder-to-invoke basis. The limited number of data subjects (C) is not a recognized legal basis for transfer. Legitimate interest overriding subject rights (D) is a basis that requires a balancing test and is more complex and contentious.

Topics

#International Data Transfers#Legal Basis#Data Transfer Derogations#Contractual Necessity

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