Transfer impact assessment (TIA) template

In an increasingly interconnected world, the transfer of personal data across borders is commonplace. However, with the transfer of data comes the responsibility of ensuring that the data remains protected according to the standards set by data protection laws. A transfer impact assessment (TIA) is a critical tool for organisations to evaluate the risks associated with international data transfers and to ensure compliance with these regulations.

This post explores:

• what a TIA is;
• why companies need one;
• what it should contain; and
• how to implement a TIA template effectively

What is a transfer impact assessment (TIA)?

A TIA is a systematic evaluation process used to assess the potential risks and legal implications of transferring personal data to third countries or international organisations. The assessment ensures that the level of data protection provided in the receiving country is equivalent to the protection provided under applicable data protection law.

Why do companies need a TIA?

Legal compliance

Under most data protection laws, when transferring personal data to countries outside the country where it originated, organisations must ensure that the data is adequately protected. A TIA helps organisations comply with these requirements by evaluating the data protection laws and practices in the receiving country and identifying any potential risks.

Risk management

A TIA helps organisations identify and mitigate risks associated with international data transfers. By understanding the potential threats and vulnerabilities, organisations can implement appropriate safeguards to protect personal data.

Building trust

Conducting a TIA demonstrates an organisation’s commitment to data protection and privacy. This transparency helps build trust with customers, partners, and regulatory authorities.

Facilitating data subject rights

A TIA ensures that data subjects’ rights are protected even when their data is transferred internationally. It helps organisations respond effectively to data subject requests and inquiries related to international data transfers.

What should a TIA contain?

Overview of the data transfer

• Description of the data being transferred
• Purpose of the data transfer
• Identifying the data exporter (the organisation transferring the data)
• Identifying the data importer (the organisation receiving the data)

Legal context

• Evaluation of the data protection laws and regulations in the destination country
• Analysis of any relevant international agreements or frameworks

Data protection measures

• Technical and organisational measures in place to protect the data during transfer and processing
• Description of encryption, access controls, and other security measures

Risk assessment

• Identification of potential risks to data protection in the destination country
• Assessment of the likelihood and impact of these risks
• Mitigation strategies to address identified risks

Data subject rights

• Measures to ensure data subjects can exercise their rights (e.g., access, rectification, erasure)
• Procedures for handling data subject requests and complaints

Documentation and reporting

• Detailed documentation of the TIA process and findings
• Reporting mechanisms for ongoing monitoring and review of the data transfer

Implementing a TIA template

Assign responsibility

Appoint a data protection officer (DPO) or a responsible person to oversee the TIA process. This person will ensure that all aspects of the data transfer are thoroughly evaluated and documented.

Identify data transfers

Identify all instances where personal data is being transferred internationally. This includes understanding the nature of the data, the purpose of the transfer, and the entities involved.

Use a template

Utilise a TIA template that includes all the required sections. Ensure that the template is flexible enough to accommodate the specific needs of your organisation.

Gather information

Collect detailed information about the data protection laws and practices in the destination country. This may involve consulting legal experts, reviewing international agreements, and assessing previous data transfer cases.

Conduct the risk assessment

Evaluate the potential risks associated with the data transfer. This includes analysing the security measures in place, the potential threats in the destination country, and the impact on data subjects’ rights.

Document findings

Document all findings from the TIA process in a clear and detailed manner. This documentation should include the rationale for the data transfer, the identified risks, and the mitigation measures implemented.

Regularly review and update

Regularly review and update the TIA to reflect any changes in the data transfer, the legal context, or the risk environment. This ensures that the TIA remains relevant and effective in protecting personal data.

Train employees

Provide training for employees involved in international data transfers. Ensure they understand the importance of conducting TIAs and complying with data protection laws.