Cross-border data transfers happen every time you send information from one country to another. From your email sent to a client to ediscovery investigations that pull data from multiple continents, all these create compliance challenges that can cost millions if you get them wrong.

According to BARR Advisory, data breaches now cost companies an average of $4.44 million globally. The situation gets worse when you're moving data across borders. Your data and compliance strategy don't stop at national boundaries.

From GDPR in Europe to CCPA in California, companies face a lot of regulations. Luckily, the information governance software can help you deal with this complexity. It guides you on how to move data across borders safely, maintain compliance, and protect your business.

What Are Examples of Cross-Border Data Transfers?

Cross-border data transfers happen more often than you think. Here are examples:

• A US company stores European customer data on Amazon Web Services servers in Ireland.
• A hospital in France shares patient records with a specialist in England.
• A law firm in Boston processes documents from a London office for ediscovery investigations.
• An HR department transfers employee information to a payroll service in another country.

All these situations allow sensitive data to cross national borders. As a result, you need cross-border compliance requirements in both the sending and receiving countries.

If you want global data protection, you need to track these movements. According to the OECD, nearly 100 data privacy regulations were in place across 40 countries by early 2023.

How Is Data Transferred Across International Borders?

Data moves across borders through multiple channels. Knowing what pathways are used helps you build better information governance software controls. Electronic transfer methods include:

• Cloud storage services (AWS, Microsoft Azure, Google Cloud)
• Email systems and messaging platforms
• File transfer protocols (FTP, SFTP)
• API connections between software systems
• Video conferencing tools
• Mobile apps that sync data internationally

Additionally, data can be transferred physically. It entails:

• Shipping hard drives between offices
• USB drives carried across borders
• Backup tapes sent to storage facilities
• Laptops and mobile devices traveling with employees

Electronic transfers happen instantly but leave digital trails. Physical transfers take time but create different security risks. Your ediscovery and retention policies need to account for both types.

Can You Transfer Data to the US Under GDPR?

Yes, but only if you follow specific rules. The European Commission approved the EU-US Data Privacy Framework on July 10, 2023. Companies can now transfer data if they certify with the framework in the following ways:

• Join the data privacy framework through self-certification.
• Implement standard contractual clauses (SCCs).
• Use binding corporate rules for multinational companies.
• Conduct transfer impact assessments.
• Document all safeguards and compliance measures.

US surveillance laws still worry European regulators. The Irish Data Protection Commission fined Meta €1.2 billion in 2023 for inadequate transfer protections. This situation shows that data transfer challenges remain even with frameworks in place.

Cross-border compliance for US companies means:

• Regular privacy assessments
• Strong encryption during transfer and storage
• Clear data processing agreements
• Employee training on international rules
• Incident response plans for both jurisdictions

For ediscovery for corporations, there may be challenges. Legal teams need access to data quickly, but they can't just pull European data to US servers without proper safeguards. The process must respect both US discovery rules and EU privacy rights.

Which of the Following GDPR Rights Ensures That a Data Subject Can Transfer Their Data to Another Organization or Data Controller?

The right to data portability offers powerful GDPR protection. Here are the key aspects of data portability:

• Free of charge for the first request

• Applies only to the data the person provided themselves
• Must be data processed by automated means
• Can't adversely affect others' rights and freedoms
• Data given in a machine-readable format

This right transforms international data management. Companies must design systems that can export user data easily. Your software needs built-in portability features to work efficiently.

How Can You Manage Data Transfer Challenges?

Data transfer challenges impact every industry. However, smart strategies can reduce your risk. Here are solutions that work:

Partner With Experts

Dealing with eDiscovery across borders need specialized knowledge. To improve compliance, work with providers who understand multiple jurisdictions.

Use Technology Wisely

Invest in information governance software that automatically tracks data flows. Tools that map where data lives and who accesses it save countless hours.

Build Strong Policies

Your legal hold process should address international data management from day one. Document everything, train your team, and test regularly.

Implement Data Minimization

Only transfer what you absolutely need. Less data means less risk. It also speeds up ediscovery and retention processes.

Encryption

Protect data in transit and at rest. Strong encryption helps satisfy adequacy requirements in many jurisdictions.

Frequently Asked Questions

What Is the Cross-Border Data Transfer Rule?

The rule requires companies to protect personal data when moving it between countries. GDPR Article 45 states that data can only be transferred to countries with adequate protection levels.

The European Commission evaluates third-world countries and issues adequacy decisions. Without adequacy, companies must use Standard Contractual Clauses, Binding Corporate Rules, or other approved mechanisms.

How Long Does a Cross-Border Transfer Take?

Transfer speed depends on the method and volume. Electronic transfers through secure networks happen instantly. However, the legal hold process and compliance checks can add days or weeks.

Physical transfers like shipping hard drives take longer. International shipping can take 3-7 business days, but customs clearance can add delays.

Which Tasks Are Performed in the eDiscovery Investigations?

Ediscovery investigations involve multiple critical tasks. First comes the identification of all relevant data across systems, countries, and formats.

Next, preservation prevents data deletion or modification. Collection and processing follow. Review is often the longest phase, requiring legal teams to examine documents for relevance and privilege.

Take Control of Your Data Transfers Today

Cross-border data transfers don't have to be complicated. You need expertise to make things work.

With customers base expanded worldwide, Onna understands the challenges of international data governance. Our platform centralizes and processes data from all your workplace apps, enabling seamless eDiscovery investigations and automated cross-border compliance.

Contact us today and let us simplify your legal data management, no matter where your they live.