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AI Summary of Article 49 Derogations for specific situations

Absent an adequacy decision or appropriate safeguards, transfers to a third country or an international organisation are permitted only where one of seven conditions applies: explicit informed consent after warning of risks; necessity for performance of a contract with the data subject or pre‑contractual measures at their request; necessity for a contract concluded in the data subject’s interest between the controller and another person; necessity for important public interest; necessity for establishment, exercise or defence of legal claims; necessity to protect vital interests where the data subject cannot consent; or transfer from a public register intended for consultation, subject to the register’s legal consultation conditions.

If none of those conditions apply, a transfer may occur only if non‑repetitive, concerns a limited number of data subjects, is necessary for compelling legitimate interests of the controller not overridden by the data subject’s rights, and suitable safeguards are provided after assessment; the controller must inform the supervisory authority and the data subject and record the assessment and safeguards in the Article 30 records. Point (g) must not involve entire registers or categories; points (a)–(c) do not apply to public authorities exercising public powers; the public interest in (d) must be recognised in Union or Member State law; Member States may set and must notify limits on transfers of specific categories.

Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
Version 3 of 3

Article 49 Derogations for specific situations

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;