Agency for Access to Public Information: Resolution No. 198/2023 – Ibero-American Network for the Protection of Personal Data – Standard contractual clauses for international personal data transfers.
Data Privacy & Data Protection – Cybersecurity | Agency for Access to Public Information: Resolution No. 198/2023 – Ibero-American Network for the Protection of Personal Data – Standard contractual clauses for international personal data transfers
Resolution No. 198/2023 (the “Resolution”) of the Agency for Access to Public Information (“AAIP”), published in the Official Gazette on October 18th, 2023, approves the standard contractual clauses for international transfers to countries considered inadequate, developed by the Ibero-American Network for the Protection of Personal Data and included in the “Guide to the Implementation of standard contractual clauses for the International Transfer of Personal Data”.
The Resolution explains that other countries in the region – such as Uruguay, through Resolution No. 50/2022, or Peru, through Directorial Resolution No. 074-2022-JUS/DGTAIPD – had already adopted these contractual clauses, which makes it possible to standardize the instruments for secure data transfers and, at the same time, facilitate regulatory harmonization between the different enforcement authorities in the region.
It should be noted that the mentioned clauses express the two most common alternatives for an international transfer, such as transfers between controllers, or between controllers and processors, proposing models of differentiated standard clauses for both cases.
To access the full text of the Resolution (in Spanish) you can visit the following link Resolution No. 198/2023.
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Sincerely,
Emilio Beccar Varela
Florencia Rosati