ISC2 Certified Cloud Security Professional (CCSP) Practice Question

The most effective way to deal with a potential conflict between a U.S. CLOUD Act order and the EU GDPR's cross-border transfer rules is to embed an EU-approved transfer mechanism-such as the (UK-)Standard Contractual Clauses-together with explicit government-access or "CLOUD Act" clauses in the data-protection addendum (DPA). These provisions require the provider to notify the customer, allow it to object or seek redress, and, where possible, to resist or narrowly scope any foreign disclosure request, thereby aligning the parties' obligations with GDPR requirements. A general governing-law or venue clause only decides which legal system interprets the contract; it does not itself provide the safeguards needed to resolve the data-transfer conflict. Incident-response policies and PCI-DSS attestations address security, not legal precedence, and Binding Corporate Rules facilitate intra-group transfers but do not cover external government demands.