Conceptually, what is the purpose of a transfer impact assessment carried out before relying on an Article 46 safeguard such as Standard Contractual Clauses?
- ATo confirm that the data exporter has paid the registration fee required by the supervisory authority before any international transfer takes place.
- BTo document the commercial value of the data being exported so that the importer can price its services accordingly.
- CTo obtain the data subject's explicit consent to the specific transfer as the primary lawful basis for exporting the data.
- DTo assess whether the chosen safeguard will be effective in light of the destination country's laws and practices, and whether supplementary measures are needed. Correct
Why A is wrong: There is no such registration-fee step gating transfers, so this invents a procedural requirement and misses the substantive purpose of evaluating the destination's legal protection.
Why B is wrong: A transfer impact assessment is a protection exercise, not a commercial valuation, so framing it around pricing the importer's services misunderstands its function entirely.
Why C is wrong: Explicit consent is a separate Article 49 derogation, not the aim of a transfer impact assessment, which evaluates the effectiveness of the safeguard rather than collecting consent.
Why D is correct: Following Schrems II and the EDPB recommendations, the exporter must evaluate whether the third country's law and practice, particularly public-authority access, would undermine the Article 46 safeguard, and identify supplementary measures where it would.