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EU regulatory register · GDPR

Article 46Transfers subject to appropriate safeguards

CELEX 32016R0679 · Read on 2026-08-18 · Chapter V

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Short answer

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.

Verbatim from the article. Source: NovaCopilot · https://legal.exploreworldai.com/eu/rattsakter/gdpr-2016-679/artikel-46 · Short answer as data · Official text

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.

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3 judgments in the register cite the article in their text. EU 1 · DE 2

Source: NovaCopilot

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  • Skäl 108 · Article 46

    Safeguards for third-country transfers: standard contractual clauses and binding corporate rules.

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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