- 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. 46
Transfers subject to appropriate safeguards
- In the absence of a decision pursuant to Article 45(3), a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available.
- The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authorisation from a supervisory authority, by:
- a legally binding and enforceable instrument between public authorities or bodies;
- binding corporate rules in accordance with Article 47;
- standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2);
- standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2);
- an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects’ rights; or
- an approved certification mechanism pursuant to Article 42 together with binding and enforceable commitments of the controller or processor in the third country to apply the appropriate safeguards, including as regards data subjects’ rights.
- Subject to the authorisation from the competent supervisory authority, the appropriate safeguards referred to in paragraph 1 may also be provided for, in particular, by:
- contractual clauses between the controller or processor and the controller, processor or the recipient of the personal data in the third country or international organisation; or
- provisions to be inserted into administrative arrangements between public authorities or bodies which include enforceable and effective data subject rights.
- The supervisory authority shall apply the consistency mechanism referred to in Article 63 in the cases referred to in paragraph 3 of this Article.
- 1Authorisations by a Member State or supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid until amended, replaced or repealed, if necessary, by that supervisory authority. 2Decisions adopted by the Commission on the basis of Article 26(4) of Directive 95/46/EC shall remain in force until amended, replaced or repealed, if necessary, by a Commission Decision adopted in accordance with paragraph 2 of this Article.
