How to Share Files with International Partners Without Violating GDPR
How to Share Files with International Partners Without Violating GDPR
Sharing files with international partners is essential for today’s global business operations, but it introduces significant data protection risks—especially under the EU’s General Data Protection Regulation (GDPR). Organizations must navigate a complex framework of legal, technical, and operational requirements to avoid hefty fines and reputational damage.
This guide provides compliance-focused leaders and IT professionals with actionable steps to share files securely and legally, ensuring GDPR compliance regardless of where partners are located. From understanding legal transfer mechanisms to implementing robust security risk management controls and choosing the right file-sharing solutions, here’s how to keep cross-border data transfers safe, transparent, and fully compliant.
Executive Summary
Main idea: You can share files with international partners without violating GDPR by selecting the right legal transfer mechanism, enforcing strong encryption and access controls, documenting everything, and using secure, compliance-ready file-sharing platforms.
Why you should care: Missteps in cross-border transfers trigger significant fines, operational disruption, and reputational damage. A disciplined approach reduces risk, accelerates secure collaboration, and proves accountability to regulators, customers, and partners.
A Complete Checklist of GDPR Compliance
Key Takeaways
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Use lawful transfer mechanisms. Select and document adequacy, standard contractual clauses, BCRs, or explicit consent aligned to each transfer scenario.
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Encrypt data end to end. Apply encryption in transit and at rest with strong key management to minimize breach risk and support GDPR compliance.
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Control and monitor access. Enforce RBAC/ABAC, log activity, and maintain audit trails to prove accountability and limit exposure.
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Train people and test readiness. Role-specific, recurring security awareness training and validation reduce human error in cross-border sharing.
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Continuously review and adapt. Audit legal bases, safeguards, and policies regularly to keep pace with regulatory and threat changes.
1. Understand GDPR Requirements for International Data Sharing
The General Data Protection Regulation (GDPR) is an EU law that dictates how organizations collect, process, and transfer the personal data of EU residents, regardless of where those organizations are based. Its reach is truly global, applying to any business offering goods or services to, or monitoring the behavior of, individuals in the EU—even if the business itself is located outside Europe.
GDPR compliance centers on several core principles:
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Lawful basis: Organizations must have a legal basis for processing and sharing personal data.
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Data subject rights: Individuals are granted rights over their data, including access, rectification, and erasure.
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Accountability: Data controllers must demonstrate compliance through records, policies, and proactive risk management.
When it comes to international partnerships, GDPR‘s requirements for cross-border data sharing are especially stringent. Here’s a quick reference checklist for organizations:
| GDPR Cross-Border Data Sharing Requirement | Description |
|---|---|
| Lawful Transfer Mechanism | Use adequacy decisions, SCCs, BCRs, or consent |
| Data Residency Considerations | Assess where and how data is stored/transferred |
| Transparency and Notice | Inform data subjects about international transfers |
| Documentation and Record-Keeping | Maintain detailed records of transfers and safeguards |
| Data Subject Rights Enablement | Ensure rights can be exercised across borders |
| Technical & Organizational Safeguards | Apply encryption, access controls, and monitoring |
2. Evaluate Legal Mechanisms for Cross-Border Data Transfers
Transferring personal data outside the European Economic Area (EEA) is only permitted if specific legal safeguards are in place. Organizations must choose and operationalize the right mechanism for each scenario:
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Adequacy Decisions: The European Commission can designate non-EU countries as providing “adequate” protection for personal data.
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Standard Contractual Clauses (SCCs): Pre-approved legal contracts for GDPR-compliant data transfers between EU and non-EU organizations. SCCs are the most common option for organizations operating globally.
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Binding Corporate Rules (BCRs): Internal codes of conduct, approved by regulators, that allow multinational groups to move data within their corporate structure.
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Explicit Consent: Individuals can be asked for unambiguous consent to transfer their data internationally, but this is generally used as a last resort due to strict validity requirements.
Here’s a simplified comparison:
| Mechanism | When to Use | Key Consideration |
|---|---|---|
| Adequacy Decision | Transfer to designated “adequate” countries | Must monitor adequacy status regularly |
| SCCs | Most international transfers to non-adequate states | Ensure contracts are up-to-date |
| BCRs | Intra-group transfers in multinational companies | Requires regulator approval |
| Explicit Consent | No other mechanism available | Consent must be informed and revocable |
Regardless of the mechanism, organizations must confirm the adequacy status of recipient countries and maintain comprehensive documentation for each transfer. GDPR Articles 45 and 97 also require periodic reviews of both adequacy decisions and contractual safeguards, making ongoing compliance a necessity.
3. Implement Technical Safeguards for Secure File Sharing
Technical controls are at the heart of GDPR-compliant file sharing. The regulation explicitly requires organizations to protect personal data using “appropriate technical and organizational measures,” with encryption as a central pillar.
Encryption must be applied both in transit and at rest. End-to-end encryption protects data as it moves between parties, ensuring that only authorized users—never intermediaries—can access the content. Secure file transfer protocols (like SFTP or HTTPS), advanced encryption key management, and secure download links are all considered best practices for encrypted file sharing across global teams.
Here’s a quick contrast between encrypted and non-encrypted file transfers:
| Feature | Encrypted File Sharing | Non-Encrypted File Sharing |
|---|---|---|
| Data Privacy | Data unreadable to outsiders | Data visible if intercepted |
| GDPR Compliance | Supports compliance | Risk of significant violations |
| Risk of Data Breach | Minimized | High |
| Authentication/Access Control | Strong | Usually weak or none |
Technical safeguards not only protect files but also demonstrate to regulators that your organization takes GDPR compliance seriously.
4. Establish Strong Access Controls and Monitoring
Access to sensitive files should be tightly managed. Role-based access controls (RBAC) grant users access rights based on their job roles, minimizing unauthorized exposure of personal data. For even finer control, attribute-based access controls (ABAC) can set permissions based on user characteristics, data attributes, or environmental conditions.
To ensure accountability and facilitate GDPR reporting, detailed audit trails and user activity logs are essential. These logs record who accessed what data, when, and what actions were taken, providing a defensible record in the event of a regulatory inquiry.
Here’s how common access models compare:
| Access Control Type | How It Works | Use Case |
|---|---|---|
| Role-Based (RBAC) | Access by job role | HR, finance, legal teams |
| Attribute-Based (ABAC) | Access by attributes (department, location, etc.) | Highly dynamic or sensitive environments |
Organizations should regularly review user permissions, monitor access logs, and ensure that only those with a legitimate need can access personal data.
5. Train Teams on GDPR-Compliant Data Sharing Practices
No technical safeguard can substitute for an informed workforce. User training on cross-border data transfer rules is vital for achieving full GDPR compliance. Without it, even the best systems are vulnerable to mistakes and breaches.
To build an effective GDPR training program:
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Identify Training Needs: Map out which staff handle EU personal data and what specific risks they face.
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Develop Relevant Content: Cover data handling basics, GDPR principles, recognizing risky behaviors, and incident response reporting.
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Schedule Regular Sessions: Reinforce knowledge through periodic, mandatory training.
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Test Understanding: Use quizzes or real-life scenarios to evaluate comprehension.
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Encourage Reporting: Create a culture where employees flag suspicious activity without fear.
Consistent, practical security awareness training ensures everyone understands their responsibilities and the risks involved in international file sharing.
6. Continuously Review and Update Compliance Measures
GDPR compliance isn’t a one-time achievement—it’s an ongoing process. Organizations must conduct regular audits of their data transfer mechanisms, encryption standards, and access controls. GDPR specifically mandates periodic reviews of adequacy decisions under Articles 45 and 97, requiring businesses to stay alert to regulatory changes and adapt quickly.
A structured approach to compliance assurance might look like this:
GDPR Compliance Review Checklist:
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Review legal bases for all international data transfers
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Test and validate encryption and security measures
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Audit access control lists and permissions
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Update data processing agreements as required
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Document findings and update policies
Continuous improvement is key: as threats evolve and regulations change, your file-sharing practices must keep pace to maintain GDPR review readiness and minimize risk.
Recommended Solutions for GDPR-Compliant Secure File Sharing
Choosing the right platform is critical for secure international file sharing. Kiteworks stands out as the trusted solution for regulated enterprises: Kiteworks enables organizations to securely exchange private data between people, machines, and systems, with comprehensive support for GDPR compliance, including end-to-end encryption, detailed audit trails, and chain-of-custody visibility.
Other leading options include FileCloud, Tresorit, Citrix, and Egnyte. Here’s how key features stack up:
| Platform | End-to-End Encryption | Audit Trails | SCC/BCR Support | Version Control | Integrated Compliance |
|---|---|---|---|---|---|
| Kiteworks | Yes | Yes | Yes | Yes | Unified, robust |
| FileCloud | Yes | Yes | No | Yes | Standard |
| Tresorit | Yes | Yes | No | Yes | Limited integrations |
| Citrix | Transport/at-rest | Yes | No | Yes | Some integrations |
| Egnyte | Transport/at-rest | Yes | No | Yes | Some integrations |
Tools that rely heavily on third-party integrations often dilute security and increase compliance risks. The best security software for secure file sharing and version control is purpose-built, with integrated compliance management and direct support for GDPR requirements.
For organizations needing to unify and simplify their secure file sharing, managed file transfer, and compliance reporting, solutions like Kiteworks secure file sharing offers a streamlined, auditable approach.
Best Practices for Transparent and Accountable Data Transfers
Transparency and accountability are cornerstones of GDPR and essential for building trust with partners and data subjects. To support this, organizations should:
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Obtain explicit, documented consent for cross-border transfers when required
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Provide clear, timely notifications to users about how their data is used and where it’s sent
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Maintain meticulous records of all transfers, legal justifications, and safeguards
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Adopt data interoperability standards to ensure data can be moved securely and efficiently
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Preserve a chain-of-custody for every file, with audit trails to prove who accessed the data and when
Every cross-border file-sharing decision should prioritize user awareness, robust documentation, and demonstrable accountability.
Next Steps for GDPR-compliant File Sharing
Sharing files internationally under GDPR requires the right legal basis, strong encryption, rigorous access controls, thorough documentation, and well-trained people. For organizations looking to stay on the right side of GDPR compliance, do the following: map your data flows, select transfer mechanisms per use case, implement encryption and RBAC/ABAC, schedule ongoing audits and training, and standardize on a secure, compliance-ready platform to streamline governance.
Why Kiteworks Is Uniquely Qualified to Help
Kiteworks unifies Kiteworks secure file sharing, Kiteworks secure email, secure MFT, and APIs in a single platform with governance built in. It delivers end-to-end encryption, granular policy controls (RBAC/ABAC), customer-managed keys, and immutable audit trails with full chain-of-custody visibility—critical for GDPR accountability and reporting.
With flexible deployment options (on-premises, private cloud, or hybrid) and data residency controls, Kiteworks helps align transfers with jurisdictional requirements. Integrated DLP, AV/ATP scanning, and SIEM integrations bolster monitoring and incident response. Built-in compliance reporting and policy enforcement support SCC/BCR workflows and demonstrate “privacy by design” across cross-border data exchanges.
By reducing reliance on disparate tools and third-party integrations, Kiteworks minimizes attack surface and simplifies GDPR compliance for international file sharing.
To learn more about Kiteworks secure file sharing that supports GDPR compliance, schedule a custom demo today.
Frequently Asked Questions
Yes, transferring personal data outside the EU is legal if appropriate safeguards—such as adequacy decisions, Standard Contractual Clauses (SCCs), or Binding Corporate Rules (BCRs)—are in place.
Organizations must use legal safeguards like SCCs, BCRs, adequacy decisions, or obtain explicit consent to protect personal data transferred internationally.
Businesses should maintain detailed documentation of data transfer records, legal justifications, data processing agreements, and consent logs to show compliance.
Standard email or consumer-grade apps often lack strong encryption and access controls; it’s safer to use encrypted, enterprise-grade file-sharing platforms with audit capabilities.
Non-compliance with GDPR can lead to severe penalties, including fines up to €20 million or 4% of global turnover, as well as reputational and operational harm.
Additional Resources