Are you transferring EU personal data to the US?
What do you need to do in this post-Schrems II environment? You may be wondering what is involved in the “case-by-case assessments” which your organisation is expected to carry out?
As organisations struggle to understand and address the uncertainty created by the Schrems ruling, the creation and use of synthetic data might provide a practical and reliable path forward.
This starts with a “real” dataset, which will typically includes personal data of real people. A generative model is built from the real dataset and that is used to generate the synthetic dataset. The resulting synthetic dataset has the same statistical properties as the real data. But it is not real data. It is not data about or related to any real individual person or people. A single record in a synthetic dataset does not correspond to an individual or record in the real dataset.
Further, to ensure that the resulting synthetic dataset does not inadvertently reveal information about a real person from the original dataset, a privacy assurance process evaluates the privacy risk of the synthetic data — comparing the real and synthetic data to assess and remove any such risk. Thus, a properly created and verified synthetic dataset should not be considered personal data.
If the generation of a synthetic dataset takes place in Europe or another “adequate” jurisdiction, then there is no need to transfer the real dataset to the U.S. or another non-adequate jurisdiction. Thus, there is no export of personal data that requires the data controller to find a substitute for the invalidated Privacy Shield, use SCCs or rely on another basis for making the data transfer lawful.
in addition if you are a non-EU based company, it is highly likely that you are required to appoint an EU Representative to comply with Article 27 of the GDPR – EU Rep fulfills this role for you for a low cost monthly fee. EU Rep is already helping many businesses from countries such as the United States of America and Canada with their compliance.
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