Danish companies are scaling internationally through acquisitions, partnerships, and new digital services. Cross‑border data flows sit at the centre of these moves. The business upside is clear, yet legal exposure rises when personal data leaves the EU or touches non‑EU service providers. This guide sets out the essentials for a compliant approach that satisfies boards, investors, and regulators.

The baseline: what GDPR expects in cross‑border deals

GDPR permits international transfers when safeguards apply. For most Danish organisations this means using the European Commission’s Standard Contractual Clauses (SCCs), confirming an appropriate lawful basis, and documenting risk. Start with the Commission’s overview of GDPR obligations at https://commission.europa.eu/law/law-topic/data-protection/eu-data-protection-rules_en.

Key expectations for transactions:

• Identify whether parties act as controller, joint controller, or processor.

• Confirm a lawful basis for each processing activity.

• Use a valid transfer tool when data leaves the EEA: SCCs, Binding Corporate Rules (BCRs), or an adequacy decision.

• Perform and retain a Transfer Impact Assessment (TIA) when relying on SCCs.

• Ensure technical and organisational measures (TOMs) are proportionate to risk.

The European Data Protection Board (EDPB) offers guidance on international transfers and supplementary measures that help demonstrate accountability: https://edpb.europa.eu/our-work-tools/general-guidance_en.

Structured roadmap for Danish teams

1) Map the data before you move it
Create a fast but thorough record of processing activities (RoPA) for the deal perimeter. Note data subjects, categories, systems, and vendors. Flag special‑category data and children’s data.

2) Pick the right transfer mechanism

• EEA to adequate country: rely on adequacy decision, keep evidence.

• EEA to non‑adequate country: apply SCCs or BCRs, then run a TIA.

• One‑off emergencies: limited derogations, document necessity and proportionality.

3) Run a Transfer Impact Assessment
Assess foreign surveillance laws, redress mechanisms, and the provider’s encryption posture. Decide on supplementary measures such as end‑to‑end encryption, split processing, or pseudonymisation.

4) Tighten contracts and vendor governance
Update data processing agreements with clear instructions, sub‑processor approval, breach notice timelines, and audit rights. Align security exhibits with your TOMs and incident playbooks.

5) Minimise and protect
Only transfer data that the counterparties truly need. Apply role‑based access, short retention periods, and verifiable deletion. Log all exports and downloads.

6) Evidence for regulators and buyers
Keep a single evidence pack: RoPA extracts, TIAs, SCCs, TOMs, DPIAs where required, pen‑test summaries, and incident drills. Boards and acquirers expect this to be ready during diligence.

Cross‑border red flags in M&A and partnerships

• Broad data exports to non‑EEA advisers without SCCs.

• Shared credentials and unmanaged external user access.

• Long retention periods with no deletion workflow after closing.

• Lack of encryption at rest or weak key management.

• No audit trail for downloads, prints, or bulk exports.

Practical safeguards that work

Technical

• SSO with enforced multi‑factor authentication for all external users.

• Field‑level or document‑level encryption where feasible.

• Watermarking, dynamic access expiry, and granular download controls.

• Immutable audit logs and exportable evidence for internal audit.

Organisational

• Deal‑team training on restricted sharing and off‑platform communications.

• Named data stewards for each workstream.

• Joiner‑mover‑leaver workflows for counterparties and advisers.

• Regular tabletop exercises covering cross‑border breach scenarios.

Contractual

• Up‑to‑date SCCs with Module selection aligned to roles.

• Clear sub‑processor lists and notification duties.

• Service‑level terms for breach notification and cooperation in investigations.

Danish specifics to remember

• The Danish Data Protection Agency (Datatilsynet) expects documented TIAs when SCCs are used and may ask for proof during supervision or following complaints. Keep reasoning concise and evidence‑based. 

• Sector laws matter. Financial services, life sciences, and public tenders often add layers beyond GDPR. Coordinate with compliance and procurement early.

Governance tips for CFOs, CIOs, and General Counsel

• Treat international data transfers as a standing risk, not a one‑time checklist.

• Link GDPR artefacts to enterprise risk registers and insurance disclosures.

• Align incident response with cross‑border reporting timelines and contact lists.

• Require quarterly vendor attestations that cover hosting regions, sub‑processors, and encryption changes.

Tools that simplify compliance

When deal rooms, board portals, and file‑sharing tools honour EU data boundaries and offer exportable evidence, governance improves and friction drops. If you rely on a secure workspace for diligence and board materials, shortlist providers with proven EU hosting, modern identity controls, and robust audit trails. Many Danish buyers start discovery from a Virtual data room Denmark hub to compare options that fit local expectations.

Quick checklist before you move any personal data

• Do we have a lawful basis and a documented purpose?

• Is the recipient country adequate or are we using SCCs/BCRs?

• Has a TIA been completed and approved?

• Are encryption, access, and deletion controls in place?

• Do contracts reflect instructions, sub‑processor oversight, and incident SLAs?

• Is evidence packaged for auditors, buyers, and Datatilsynet?

The bottom line

Going global increases customer reach and investor appeal. It also magnifies privacy risk if data flows are unmanaged. Danish businesses that document transfers, choose the right safeguards, and prove security with clear evidence are able to close deals faster and with less legal friction. The investment is modest compared with the cost of remediation and reputational damage when controls fall short.