LEGAL. This BAKER&McKENZIE Client Alert provides a brief introduction to personal data transfers issues.
Nueva Directiva UE sobre transferencia internacional de datos personales

The European Commission ("EC") recently issued a decision that changes the regulatory landscape regarding global personal data transfers. Specifically, prompted by the International Chamber of Commerce ("ICC") and other business groups, the EC approved a new set of contract clauses that can authorize the cross-border transfer of personal data to the United States and other non-EU locations.

For US multinational companies seeking a new option to address global data protection regulations, this new set of clauses may provide an attractive alternative. However, any US company that considers whether to adopt the new clauses must understand the specific terms in those clauses, and also must have a firm understanding of the relative advantages and disadvantages of those terms compared with the options available.

Ultimately, despite several important features in the new ICC Clauses, companies will find that there is no "one size fits all" solution.

Different companies will still (logically) choose different solutions, based on their particular business operations and situation, such as their size and location of operations, types of data flows, risk assessment and risk tolerance, litigation or claim experience, relationships with data transferors in the EU, and other factors.