Article 49 of the GDPR: Exemptions for special situations
Article 49 of the GDPR: Exemptions for special situations
Article 49 of the GDPR establishes the exceptions in which a transfer of personal data to a third country can be carried out, even in the absence of an adequacy decision or appropriate guarantees. These exemptions apply to specific situations and must remain exceptional.
Article 49 of the GDPR explained
Among the main exemptions authorized are:
- The explicit consent of the person concerned, informed of the potential risks;
- L’execution of a contract between the person and the data controller;
- L’significant public interest recognized by EU or Member State law;
- There safeguarding vital interests, particularly in the event of a medical emergency;
- There establishment, exercise or defense of a legal right ;
- Transfer from a public register open for consultation.
Why is this article important for your GDPR compliance?
Article 49 allows meet urgent or specific operational needs, when other transfer mechanisms are not applicable. He offers one legal flexibility, while imposing strict conditions to preserve the rights of data subjects.
How to comply with Article 49 of the GDPR?
- Use these exemptions only on an ad hoc and justified basis;
- Prepare solid documentation specifying the legal basis invoked;
- Clearly inform data subjects (in case of consent);
- Assess the associated risks and limit the amount of data transferred.
Examples of application of Article 49 of the GDPR
- Hospital transfers vital data to third country during 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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