Question: Are data-transfer mechanisms in place for cross-border processing, with safeguards and approvals recorded?
Why This Matters
Cross-border transfers introduce legal and geopolitical risk. Safeguards ensure personal data remains protected wherever it travels.
Maturity
0 — Unaware
No tracking of where personal data is stored or transmitted.
No tracking of where personal data is stored or transmitted.
1 — Ad Hoc
Transfers based on business need; no documentation.
Transfers based on business need; no documentation.
2 — Defined
Cross-border transfer register and contractual clauses in place.
Cross-border transfer register and contractual clauses in place.
3 — Managed
DPO approval required for each new transfer.
DPO approval required for each new transfer.
4 — Integrated
Transfer Impact Assessments (TIA) and vendor due diligence linked to risk register.
Transfer Impact Assessments (TIA) and vendor due diligence linked to risk register.
5 — Optimized
Automated geographic mapping and continuous compliance validation.
Automated geographic mapping and continuous compliance validation.
How to Level Up
| From → To | Actions |
|---|---|
| 0 → 1 | Identify all overseas systems and vendors storing personal data. |
| 1 → 2 | Create register of transfers and include contractual clauses. |
| 2 → 3 | Implement DPO pre-approval workflow for new transfers. |
| 3 → 4 | Perform TIAs and update risk register. |
| 4 → 5 | Automate geo-tracking and transfer monitoring. |
Enablers
- People: DPO, Legal, Vendor Management
- Process: Transfer assessment → approval → monitoring
- Technology: Contract repository, risk GRC system
Evidence
- Cross-border transfer register
- Contract clauses (SCCs or DPAs)
- DPO/TIA approvals
KPIs
- Number of cross-border transfers approved
- Percentage with valid safeguards
- Time to review new vendor transfers
Low-Cost / Open-Source Options (MSME)
| Purpose | Tool | Notes |
|---|---|---|
| Register | Airtable / Excel | Transfer list |
| Mapping | draw.io | Flow diagrams |
| Monitoring | Odoo / Notion | Approval tracking |
Common Pitfalls
- Data sent abroad via SaaS without review
- Outdated contracts
- No awareness of regulatory restrictions
Compliance Mapping
| Standard | Clauses / Notes |
|---|---|
| ISO/IEC 27701 | 7.7 (Cross-border transfer) |
| DPDP Act 2023 | Sec 16 (Transfer restrictions) |
| GDPR | Art. 44–49 |
| NIST CSF 2.0 | GV.PO / ID.SC |
| NIRMATA Mapping | PD-Q09 controls international data transfers. |