Article 49 of the GDPR: Derogations for particular situations
Article 49 of the GDPR Explained
Among the principal authorised derogations are:
- The explicit consent of the data subject, informed of the potential risks;
- The performance of a contract between the data subject and the controller;
- The important public interest recognised by EU law or Member State law;
- The protection of vital interests, in particular in the event of a medical emergency;
- The establishment, exercise or defence of legal claims;
- The transfer from a public register open for consultation.
Why This Article Matters for Your GDPR Compliance
Article 49 allows for addressing urgent or specific operational needs, when other transfer mechanisms are not applicable. It offers legal flexibility, while imposing strict conditions to preserve the rights of data subjects.
Application examples of Article 49 of the GDPR
- A hospital transfers vital data to a third country during an international medical emergency;
- A company signs a contract with a user based outside the EU, requiring the transfer of their data;
- An NGO transmits information to a foreign jurisdiction in the context of international litigation.
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How to Comply with GDPR Article 49