Monitor Prawniczy

no. 6/2015

The rules of data transfer to a third country following the amendment of the Personal Data Protection Act of 7 November 2011

Xawery Konarski
Damian Karwala
Abstract

The article discussed the scope and consequences of the amendment of Chapter 7 of the Personal Data Protection Act of 29 August 1997 regulating personal data transfer to third countries introduced by the Business Facilitation Act of 7 November 2014. The adopted changes liberalize the rules for personal data transfer to third countries which do no ensure an adequate data protection level in their territories. In particular, it was determined that in a situation when the data administrator uses standard contractual clauses approved by the European Commission or binding corporate rules (approved by GIODO, but not by an authority of another Member State), the permission of the General Inspector for data transfer is not required. The new regulation in this respect should contribute to improvement of cross-border personal data transfer, at the same time, however, it generates certain problems and doubts which may affect the practice, in particular in the context of binding corporate rules.