Applicable adequacy decision or documented Chapter V | AIGP
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Applicable adequacy decision or documented Chapter V: What evidence is still decisive before approval?

AIGP Understanding How Laws, Standards and Frameworks Apply to AI Medium

Encryption and contracts help security, but transfer approval requires evidence of an applicable GDPR Chapter V route or safeguard.

The question

For an EU media-production workflow governed by the GDPR, an Irish producer sends contributor footage to a US-hosted editing service. The contract promises confidentiality and the files are encrypted. What evidence is still decisive before approval?

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  1. The supplier’s European marketing headquarters
    A European headquarters does not demonstrate that the actual remote access or hosting transfer satisfies Chapter V requirements.
  2. Encryption evidence showing content remains unreadable during every transfer
    Encryption reduces confidentiality risk but does not alone establish that the international transfer is legally permitted.
  3. Applicable adequacy decision or documented Chapter V safeguard for transfers ✓
    The producer must establish an applicable adequacy route or safeguard, alongside relevant transfer conditions and assessment.
  4. A general security certification for the editing platform
    Security certification may support protection but does not by itself establish an applicable international-transfer safeguard.
The trap
Separate transfer legality from cybersecurity; strong encryption does not automatically authorize a third-country transfer.

How to remember it

Encryption and contracts help security, but transfer approval requires evidence of an applicable GDPR Chapter V route or safeguard.

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