- 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. 49
Derogations for specific situations
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1In the absence of an adequacy decision pursuant to Article 45(3), or of appropriate safeguards pursuant to Article 46, including binding corporate rules, a transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions:
- the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
- the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request;
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
- the transfer is necessary for important reasons of public interest;
- the transfer is necessary for the establishment, exercise or defence of legal claims;
- the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent;
- the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by Union or Member State law for consultation are fulfilled in the particular case.
2Where a transfer could not be based on a provision in Article 45 or 46, including the provisions on binding corporate rules, and none of the derogations for a specific situation referred to in the first subparagraph of this paragraph is applicable, a transfer to a third country or an international organisation may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. 3The controller shall inform the supervisory authority of the transfer. 4The controller shall, in addition to providing the information referred to in Articles 13 and 14, inform the data subject of the transfer and on the compelling legitimate interests pursued.
- 1A transfer pursuant to point (g) of the first subparagraph of paragraph 1 shall not involve the entirety of the personal data or entire categories of the personal data contained in the register. 2Where the register is intended for consultation by persons having a legitimate interest, the transfer shall be made only at the request of those persons or if they are to be the recipients.
- Points (a), (b) and (c) of the first subparagraph of paragraph 1 and the second subparagraph thereof shall not apply to activities carried out by public authorities in the exercise of their public powers.
- The public interest referred to in point (d) of the first subparagraph of paragraph 1 shall be recognised in Union law or in the law of the Member State to which the controller is subject.
- 1In the absence of an adequacy decision, Union or Member State law may, for important reasons of public interest, expressly set limits to the transfer of specific categories of personal data to a third country or an international organisation. 2Member States shall notify such provisions to the Commission.
- The controller or processor shall document the assessment as well as the suitable safeguards referred to in the second subparagraph of paragraph 1 of this Article in the records referred to in Article 30.
Related Recitals
(111) international data transfer, explicit consent, enforcement of legal claims, legitimate interest(112) international data transfer, exception, public interest
(113) compelling legitimate interests, transfer, country of final destination
(114) Commission decision, adequacy, third country, current level of data protection
(115) third countries, administrative authorities, agreement
