With respect to international transfers of personal data, the European Data Protection Board (EDPB) confirmed that derogations may be relied upon under what condition?
A.
If the data controller has received preapproval from a Data Protection Authority (DPA), after submitting the appropriate documents.
B.
When it has been determined that adequate protection can be performed.
C.
Only if the Data Protection Impact Assessment (DPIA) shows low risk.
D.
Only as a last resort and when interpreted restrictively.
Relevant Legislation and Guidance:
GDPR Article 49: Provides for derogations for specific situations where the transfer of personal data to third countries can occur in the absence of an adequacy decision or appropriate safeguards. These derogations are to be interpreted narrowly and used only in specific and limited circumstances.
EDPB Guidelines 2/2018 on Derogations of Article 49: Clarifies that derogations should be interpreted restrictively and used only when other mechanisms for data transfer are not available.
Therefore, the correct answer is D.
Its D: The EDPB confirmed the derogations must be interpreted restrictively and only relied on as a last resort, when the provision of adequate protection or appropriate safeguards for the personal data transferred is not possible. It should also be noted in some EU jurisdictions, regulators are due to be notified if a derogation is relied on.
I believe it is D. https://www.mondaq.com/data-protection/731948/european-data-protection-board-guidance-on-derogations-for-international-data-transfers
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