Germany: Decision published on access by third country public authorities to data processed by processors in EEA

German Data Protection Conference of supervisory authorities (DSK) issued decision on how to assess the risk of personal data being accessed by non-EEA third parties such as governments or private companies.

German Data Protection Conference of supervisory authorities (DSK) issued a decision on how to assess the risk of personal data being accessed by non-EEA third parties such as governments or private companies.

According to the DSK, the mere possibility of a processor’s parent company or a public authority in a non-EEA country ordering the processor to transfer or disclose personal data does not constitute a data transfer under Article 44 of the GDPR. They further explained that unless additional safeguards are implemented, EEA subsidiaries of third country companies will not qualify as GDPR-compliant processors.