Ti | = | Article 46 - Transfers subject to appropriate safeguards |
1.sec | = | In the absence of a decision pursuant to Article 45(3), a {_controller} or {_processor} may transfer {_personal_data} to a third country or an {_international_organisation} only if the {_controller} or {_processor} has provided appropriate safeguards, and on condition that enforceable {_data_subject} rights and effective legal remedies for {_data_subjects} are available. |
2.0.sec | = | The appropriate safeguards referred to in paragraph 1 may be provided for, without requiring any specific authorisation from a {_supervisory_authority}, by: |
2.1.sec | = | a legally binding and enforceable instrument between public authorities or bodies; |
2.2.sec | = | {_binding_corporate_rules} in accordance with Article 47; |
2.3.sec | = | standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2); |
2.4.sec | = | standard data protection clauses adopted by a {_supervisory_authority} and approved by the Commission pursuant to the examination procedure referred to in Article 93(2); |
2.5.sec | = | an approved code of conduct pursuant to Article 40 together with binding and enforceable commitments of the {_controller} or {_processor} in the third country to apply the appropriate safeguards, including as regards {_data_subjects}' rights; or |
2.6.sec | = | an approved certification mechanism pursuant to Article 42 together with binding and enforceable commitments of the {_controller} or {_processor} in the third country to apply the appropriate safeguards, including as regards {_data_subjects}' rights. |
2. | = | [G/Z/ol-a/s6] |
3.0.sec | = | Subject to the authorisation from the competent {_supervisory_authority}, the appropriate safeguards referred to in paragraph 1 may also be provided for, in particular, by: |
3.1.sec | = | contractual clauses between the {_controller} or {_processor} and the {_controller}, {_processor} or the {_recipient} of the {_personal_data} in the third country or {_international_organisation}; or |
3.2.sec | = | provisions to be inserted into administrative arrangements between public authorities or bodies which include enforceable and effective {_data_subject} rights. |
3. | = | [G/Z/ol-a/s2] |
4.sec | = | The {_supervisory_authority} shall apply the consistency mechanism referred to in Article 63 in the cases referred to in paragraph 3 of this Article. |
5.sec | = | Authorisations by a Member State or {_supervisory_authority} on the basis of Article 26(2) of Directive 95/46/EC shall remain valid until amended, replaced or repealed, if necessary, by that {_supervisory_authority}. Decisions adopted by the Commission on the basis of Article 26(4) of Directive 95/46/EC shall remain in force until amended, replaced or repealed, if necessary, by a Commission Decision adopted in accordance with paragraph 2 of this Article. |
= | [G/Z/ol/s5] | |