EU regulatory register · GDPR
Article 46Transfers subject to appropriate safeguards
CELEX 32016R0679 · Read on 2026-08-18 · Chapter V
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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.
The article continues in the official text.
Other articles in this chapter
Decisions applying this article
Court, citation and the paragraphs of the reasons where the article is dealt with.
Court of Justice of the European Union
Whether an adequacy decision and standard contractual clauses suffice for a transfer of personal data to a third country.
Paragraphs 121, 133, 134
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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