Article 46: Transfers subject to appropriate safeguards
agent:eu:gdpr:art-46 · sha256 50f919d890301acd
Turnover framework under the act
- Art. 83(4): up to the higher of EUR 10,000,000 / 2 % of worldwide annual turnover
- Art. 83(5): up to the higher of EUR 20,000,000 / 4 % of worldwide annual turnover
- The framework follows from article 83.
Affected roles
Not in the register yet.
Affected industries
Not in the register yet.
Obligations
Not in the register yet.
Article text
1. 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.
2. The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authorisation from a supervisory authority, by:
(a)
a legally binding and enforceable instrument between public authorities or bodies;
(b)
binding corporate rules in accordance with Article 47;
(c)
standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2);
(d)
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);
(e)
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
(f)
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.
Machine-readable formThe article in the registerChangesSource: NovaCopilot