- Art. 5Principles relating to processing of personal data
- Art. 6Lawfulness of processing
- Art. 7Conditions for consent
- Art. 8Conditions applicable to child's consent in relation to information society services
- Art. 9Processing of special categories of personal data
- Art. 10Processing of personal data relating to criminal convictions and offences
- Art. 11Processing which does not require identification
- Art. 12Transparent information, communication and modalities for the exercise of the rights of the data subject
- Art. 13Information to be provided where personal data are collected from the data subject
- Art. 14Information to be provided where personal data have not been obtained from the data subject
- Art. 15Right of access by the data subject
- Art. 16Right to rectification
- Art. 17Right to erasure ("right to be forgotten")
- Art. 18Right to restriction of processing
- Art. 19Notification obligation regarding rectification or erasure of personal data or restriction of processing
- Art. 20Right to data portability
- Art. 21Right to object
- Art. 22Automated individual decision-making, including profiling
- Art. 23Restrictions
- Art. 24Responsibility of the controller
- Art. 25Data protection by design and by default
- Art. 26Joint controllers
- Art. 27Representatives of controllers or processors not established in the Union
- Art. 28Processor
- Art. 29Processing under the authority of the controller or processor
- Art. 30Records of processing activities
- Art. 31Cooperation with the supervisory authority
- Art. 32Security of processing
- Art. 33Notification of a personal data breach to the supervisory authority
- Art. 34Communication of a personal data breach to the data subject
- Art. 35Data protection impact assessment
- Art. 36Prior consultation
- Art. 37Designation of the data protection officer
- Art. 38Position of the data protection officer
- Art. 39Tasks of the data protection officer
- Art. 40Codes of conduct
- Art. 41Monitoring of approved codes of conduct
- Art. 42Certification
- Art. 43Certification bodies
- Art. 44General principle for transfers
- Art. 45Transfers on the basis of an adequacy decision
- Art. 46Transfers subject to appropriate safeguards
- Art. 47Binding corporate rules
- Art. 48Transfers or disclosures not authorised by Union law
- Art. 49Derogations for specific situations
- Art. 50International cooperation for the protection of personal data
- Art. 51Supervisory authority
- Art. 52Independence
- Art. 53General conditions for the members of the supervisory authority
- Art. 54Rules on the establishment of the supervisory authority
- Art. 55Competence
- Art. 56Competence of the lead supervisory authority
- Art. 57Tasks
- Art. 58Powers
- Art. 59Activity reports
- Art. 60Cooperation between the lead supervisory authority and the other supervisory authorities concerned
- Art. 61Mutual assistance
- Art. 62Joint operations of supervisory authorities
- Art. 63Consistency mechanism
- Art. 64Opinion of the Board
- Art. 65Dispute resolution by the Board
- Art. 66Urgency procedure
- Art. 67Exchange of information
- Art. 68European Data Protection Board
- Art. 69Independence
- Art. 70Tasks of the Board
- Art. 71Reports
- Art. 72Procedure
- Art. 73Chair
- Art. 74Tasks of the Chair
- Art. 75Secretariat
- Art. 76Confidentiality
- Art. 77Right to lodge a complaint with a supervisory authority
- Art. 78Right to an effective judicial remedy against a supervisory authority
- Art. 79Right to an effective judicial remedy against a controller or processor
- Art. 80Representation of data subjects
- Art. 81Suspension of proceedings
- Art. 82Right to compensation and liability
- Art. 83General conditions for imposing administrative fines
- Art. 84Penalties
- Art. 85Processing and freedom of expression and information
- Art. 86Processing and public access to official documents
- Art. 87Processing of the national identification number
- Art. 88Processing in the context of employment
- Art. 89Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
- Art. 90Obligations of secrecy
- Art. 91Existing data protection rules of churches and religious associations
GDPR Chapter 5 - Art. 45
Transfers on the basis of an adequacy decision
- 1A transfer of personal data to a third country or an international organisation may take place where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection. 2Such a transfer shall not require any specific authorisation.
- When assessing the adequacy of the level of protection, the Commission shall, in particular, take account of the following elements:
- the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation which are complied with in that country or international organisation, case-law, as well as effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data are being transferred;
- the existence and effective functioning of one or more independent supervisory authorities in the third country or to which an international organisation is subject, with responsibility for ensuring and enforcing compliance with the data protection rules, including adequate enforcement powers, for assisting and advising the data subjects in exercising their rights and for cooperation with the supervisory authorities of the Member States; and
- the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data.
- 1The Commission, after assessing the adequacy of the level of protection, may decide, by means of implementing act, that a third country, a territory or one or more specified sectors within a third country, or an international organisation ensures an adequate level of protection within the meaning of paragraph 2 of this Article. 2The implementing act shall provide for a mechanism for a periodic review, at least every four years, which shall take into account all relevant developments in the third country or international organisation. 3The implementing act shall specify its territorial and sectoral application and, where applicable, identify the supervisory authority or authorities referred to in point (b) of paragraph 2 of this Article. 4The implementing act shall be adopted in accordance with the examination procedure referred to in Article 93(2).
- The Commission shall, on an ongoing basis, monitor developments in third countries and international organisations that could affect the functioning of decisions adopted pursuant to paragraph 3 of this Article and decisions adopted on the basis of Article 25(6) of Directive 95/46/EC.
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1The Commission shall, where available information reveals, in particular following the review referred to in paragraph 3 of this Article, that a third country, a territory or one or more specified sectors within a third country, or an international organisation no longer ensures an adequate level of protection within the meaning of paragraph 2 of this Article, to the extent necessary, repeal, amend or suspend the decision referred to in paragraph 3 of this Article by means of implementing acts without retro-active effect. 2Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 93(2).
3On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 93(3). - The Commission shall enter into consultations with the third country or international organisation with a view to remedying the situation giving rise to the decision made pursuant to paragraph 5.
- A decision pursuant to paragraph 5 of this Article is without prejudice to transfers of personal data to the third country, a territory or one or more specified sectors within that third country, or the international organisation in question pursuant to Articles 46 to 49.
- The Commission shall publish in the Official Journal of the European Union and on its website a list of the third countries, territories and specified sectors within a third country and international organisations for which it has decided that an adequate level of protection is or is no longer ensured.
- Decisions adopted by the Commission on the basis of Article 25(6) of Directive 95/46/EC shall remain in force until amended, replaced or repealed by a Commission Decision adopted in accordance with paragraph 3 or 5 of this Article.
Related Recitals
(103) appropriate level of protection, uniform application of law, international organisation(104) adequacy decision, constitutionality, human rights, national defence
(105) international commitments, International agreements, international organisation
(106) level of protection, adequacy decisions, periodic review
(107) appropriate level of data protection, Commission, international organisation
