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Regulation (EU) 2016/679 (GDPR) · Chapter V · Transfers to third countries

Art. 48 · Transfers or disclosures not authorised by Union law

Text

Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter.

Text: EUR-Lex, CELEX 32016R0679 (consolidated text with corrigenda).

Commentary

A judgment or decision of a third-country authority does not by itself justify a transfer; it is recognised only on the basis of an international agreement. A safeguard against foreign orders being enforced directly against European data.

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