/Docs/G/EU-GDPR-Law-CmA/Sec/Article/49.md
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Ti = Article 49 - Derogations for specific situations
1.0.sec = 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:
1.1.sec = the {_data_subject} has explicitly {_consent}ed 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;
1.2.sec = 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;
1.3.sec = 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};
1.4.sec = the transfer is necessary for important reasons of public interest;
1.5.sec = the transfer is necessary for the establishment, exercise or defence of legal claims;
1.6.sec = the transfer is necessary in order to protect the vital interests of the {_data_subject} or of other persons, where the {_data_subject} is physically or legally incapable of giving {_consent};
1.7.1.sec = the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down in Union or Member State law for consultation are fulfilled in the particular case.
1.7.2.sec = Where a transfer could not be based on a provision in Articles 45 or 46, including the provisions on {_binding_corporate_rules}, and none of the derogations for a specific situation pursuant to points (a) to (g) of this paragraph is applicable, a transfer to a third country or an {_international_organisation} may take place only if the transfer is not repetitive, concerns only a limited number of {_data_subjects}, is necessary for the purposes of compelling legitimate interests pursued by the {_controller} which are not overridden by the interests or rights and freedoms of the {_data_subject}, and the {_controller} has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of {_personal_data}. The {_controller} shall inform the {_supervisory_authority} of the transfer. The {_controller} shall, in addition to providing the information referred to in Articles 13 and 14, inform the {_data_subject} of the transfer and on the compelling legitimate interests pursued.
1.7. = [G/Z/paras/s2]
1. = [G/Z/ol-a/s7]
2.sec = A transfer pursuant to point (g) of paragraph 1 shall not involve the entirety of the {_personal_data} or entire categories of the {_personal_data} contained in the register. Where the register is intended for consultation by persons having a legitimate interest, the transfer shall be made only at the request of those persons or if they are to be the {_recipients}.
3.sec = Points (a), (b) and (c) of the first subparagraph and the second subparagraph of paragraph 1 shall not apply to activities carried out by public authorities in the exercise of their public powers.
4.sec = The public interest referred to in point (d) of paragraph 1 shall be recognised in Union law or in the law of the Member State to which the {_controller} is subject.
5.sec = In the absence of an adequacy decision, Union or Member State law may, for important reasons of public interest, expressly set limits to the transfer of specific categories of {_personal_data} to a third country or an {_international_organisation}. Member States shall notify such provisions to the Commission.
6.sec = The {_controller} or {_processor} shall document the assessment as well as the suitable safeguards referred to in the second subparagraph of paragraph 1 of this Article in the records referred to in Article 30.
= [G/Z/ol/s6]