Documented adequacy or Chapter V safeguards: What evidence | AIGP
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Documented adequacy or Chapter V safeguards: What evidence is missing?

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

A vendor contract and encryption do not alone authorize a third-country transfer; the organization needs documented GDPR Chapter V safeguards or adequacy.

The question

Under the EU GDPR, an employer sends candidate records from the EEA to a screening provider in a third country. The vendor contract and encryption are documented, but transfer safeguards are not. What evidence is missing?

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  1. Documented adequacy or Chapter V safeguards for the destination transfer. ✓
    The employer must assess and document an applicable adequacy route or safeguard, together with other Chapter V conditions.
  2. A processor clause stating the vendor will follow employer instructions.
    Processor instructions address roles and processing conduct, but they do not alone establish a lawful international transfer mechanism.
  3. Proof that the provider has an EU headquarters.
    The provider’s headquarters location does not itself establish that the specific third-country transfer has a valid GDPR Chapter V mechanism.
  4. A statement that encryption protects the records in transit.
    Encryption can reduce security risk, but it does not alone establish an applicable adequacy decision or transfer safeguard.
The trap
Separate three questions: role allocation, security, and international-transfer authorization.

How to remember it

A vendor contract and encryption do not alone authorize a third-country transfer; the organization needs documented GDPR Chapter V safeguards or adequacy.

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