Deutsche Version

FDPA Part 3 - Chapter 5 - § 80

Data transfers without appropriate safeguards

  1. If in derogation from Section 78 (1) no. 2, no decision pursuant to Article 36 (3) of Directive (EU) 2016/680 or appropriate safeguards as referred to in Section 79 (1) exist, transfers which meet the remaining requirements of Section 78 shall be permitted also if they are necessary
    1. to protect the vital interests of a natural person;
    2. to safeguard legitimate interests of the data subject;
    3. to prevent an immediate and serious threat to the public security of a country;
    4. in individual cases for the purposes referred to in Section 45; or
    5. in an individual case for the establishment, exercise or defence of legal claims relating to the purposes referred to in Section 45.
  2. The controller shall not transfer data pursuant to subsection 1 if the fundamental rights of the data subject override the public interest in the transfer.
  3. Section 79 (2) shall apply accordingly to transfers pursuant to subsection 1.