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EU regulatory register · GDPR

Article 49Derogations for specific situations

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 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:

(a)

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;

(b)

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;

(c)

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;

(d)

the transfer is necessary for important reasons of public interest;

(e)

the transfer is necessary for the establishment, exercise or defence of legal claims;

(f)

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;

(g)

The article continues in the official text.

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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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