A multinational organization is planning to transfer personal data from its European operations to its data center in the United States. Which of the following is the BEST approach to ensure compliance with transborder data flow regulations?
Implementing a general privacy policy that addresses international transfers
Establishing Binding Corporate Rules for all company subsidiaries
Relying on explicit consent from data subjects for each transfer
Implementing Standard Contractual Clauses (SCCs) approved by the European Commission
Standard Contractual Clauses (SCCs) are the correct answer because they provide a legally recognized mechanism for compliant data transfers from the EU to third countries like the US, especially after the invalidation of the Privacy Shield framework. SCCs contain pre-approved contractual terms that both parties must follow to ensure adequate data protection safeguards. While Binding Corporate Rules are valid, they're complex and require regulatory approval, making them less practical. Individual consent is unreliable for regular business transfers as it can be withdrawn. A general privacy policy alone doesn't satisfy specific legal requirements for international transfers under GDPR and similar regulations.
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ISC2 CISSP
Security and Risk Management
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