Use of Derogations for International Data Transfers Without Safeguards

In the absence of an adequacy decision or appropriate safeguards, the data controller and the data processor may transfer personal data to a third country or international organisation only if one of the following conditions is met: the data subject has explicitly consented to the proposed transfer after being informed of the possible risks; the transfer is necessary for the performance of a contract between the data subject and the data controller or for the implementation of pre-contractual measures; the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the data 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 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; or the transfer is made from a register intended to provide information to the public and is open to consultation by the public or persons demonstrating a legitimate interest.

Citation