EDPB: derogations of Article 49

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Transfers of personal data to third countries, derogations

The EDPB has adopted Guidelines 2/2018 on derogations of Article 49 under Regulation 2016/679.

“This document seeks to provide guidance for the application of Article 49 of the General Data Protection Regulation (GDPR) on derogations in the context of transfers of personal data to third countries”. 

“Derogations under Article 49 are exemptions from the general principle that personal data may only be transferred to third countries if an adequate level of protection is provided for in the third country or if appropriate safeguards have been adduced and the data subjects enjoy enforceable and effective rights in order to continue to benefit from their fundamental rights and safeguards. Due to this fact and in accordance with the principles inherent in European law, the derogations must be interpreted restrictively so that the exception does not become the rule. This is also supported by the wording of the title of Article 49 which states that derogations are to be used for specific situations (“Derogations for specific situations”)”.