A multinational company headquartered in the United States operates e-commerce sites across the EU. It plans to copy customer order histories from its German and French subsidiaries to a centralized data warehouse located in its U.S. data center for weekly marketing reports. The company is not certified under the EU-U.S. Data Privacy Framework and needs a lawful transfer mechanism. Which measure BEST satisfies GDPR requirements for this recurring cross-border transfer?
Implementing a general privacy policy that addresses international transfers
Establishing Binding Corporate Rules for all company subsidiaries
Implementing Standard Contractual Clauses (SCCs) approved by the European Commission
Relying on explicit consent from data subjects for each transfer
Standard Contractual Clauses (SCCs) are the most practical choice because they provide a pre-approved, legally binding set of obligations that any EU exporter can incorporate with a U.S. recipient to ensure adequate safeguards under Article 46 of the GDPR, especially after the Court of Justice of the EU invalidated the Privacy Shield. Binding Corporate Rules could also work, but they require a lengthy, multi-authority approval process that delays the project. Individual consent is an Article 49 derogation intended for occasional, non-repetitive transfers and may be withdrawn at any time, making it unreliable for routine data flows. A general privacy policy does not by itself fulfil Chapter V requirements for international transfers.
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ISC2 CISSP
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