/Docs/G/EU-GDPR-Law-CmA/Sec/Article/46.md
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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]