Legal Structuring of International Data Transfers
International Data Transfers represent a complex process that goes beyond simple "cross-border transfers." This service focuses on the needs of multinational companies, international holdings, and global platforms that engage in massive and continuous data exchange across multiple jurisdictions. For companies operating in Georgia that are part of a global group, it is essential to harmonize local legislation with internal group rules and international standards (e.g., GDPR, CCPA). Incorrect structuring can lead not only to local fines but also to global sanctions and disruption of business processes.
Our service offers the legal design and management of international data flows. The service includes:
- Data Mapping and Flow Analysis: Creating a map of global data movement (what data goes where, to whom, and for what purpose) and determining the legal basis for each flow.
- Localization of Binding Corporate Rules (BCR): Adapting corporate binding rules to Georgian legislation and registering them with the Personal Data Protection Service.
- International Outsourcing Management: Regulating relationships with foreign data processors to ensure data protection at every link of the chain.
- Managing Conflicting Jurisdictions: Finding legal solutions in situations where Georgian law and the recipient country's law (e.g., US investigative powers) conflict.
- Transfer Impact Assessment (TIA): Assessing risks when transferring data to a specific country, considering local legislation and practices.
In practice, managing HR data in global companies poses a significant challenge. For instance, a Georgian branch stores employee data on a German server, but the US headquarters has access. In this case, a three-way legal construction is needed. Sharing marketing data with international partners is also problematic—if a Georgian user's email is transferred to a foreign ad agency without proper grounds, it is a violation. The absence of a TIA when transferring to an unreliable country also increases liability.
International data transfers are regulated by the Law of Georgia on Personal Data Protection, but European practice (GDPR, Schrems II decision) is crucial for interpretation. Georgian law requires that the recipient country or organization ensures an adequate level of protection. Binding Corporate Rules (BCR) are one of the most effective mechanisms for global groups, but they require regulatory approval.
Working with a lawyer is a strategic process. The lawyer not only prepares documents but creates a framework that allows the company to transfer data freely without violating the law. This includes periodic audits and contract updates in parallel with changes in international regulations.
Legal.ge is a platform where you will find lawyers with international qualifications. Global business requires a global vision in data protection. Ensure the smooth and legal operation of your international activities with the help of our experts.
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