Article 46 of the GDPR: Appropriate safeguards for data transfers

03 août 2025 · By Bertrand Bucelle · 1 min read

Article 46 of the GDPR Explained

Where the destination country does not benefit from an adequacy decision, the following safeguards may be implemented:

Standard Contractual Clauses (SCCs) adopted by the European Commission;
Binding Corporate Rules (BCRs) validated by the supervisory authorities;
Ad hoc contractual clauses approved by a supervisory authority;
Binding and enforceable commitments of the recipient.

These safeguards must be accompanied by enforceable rights for data subjects and effective remedies.

Why This Article Matters for Your GDPR Compliance

Article 46 allows for maintaining protection equivalent to that provided by the GDPR, even outside the EU. It offers a legal solution for companies with international activities in the absence of an adequacy decision.

How to Comply with GDPR Article 46?

Identify transfers outside the EU to non-adequate countries;
Select the appropriate safeguard (SCCs, BCRs, approved clauses…);
Verify that data subjects' rights are guaranteed in practice;
Document the entire process in your record of processing activities.

Application Examples of GDPR Article 46

A company signs standard contractual clauses with a service provider based in India;
An international group implements BCRs to govern its internal data flows;
A law firm designs tailor-made clauses, validated by the French supervisory authority, for an African client.

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