Article 48 of GDPR: Transfers or Disclosures Not Authorised By Union Law
Article 48 of GDPR sets the rules with respect to the transfer of personal data required by a foreign court, tribunal or administrative authority.
Under the requirements of GDPR, the transfer of data or disclosure of data by a data controller or data processor can only be done if it is based on an international agreement between the EU member state and the third country.
Recital 115 indicates that some countries may adopt laws, regulations and legal acts that may be in breach of international law and adversely affect the protection of individuals’ rights under GDPR.
As a result, unless a mutual assistance treaty is in place, for instance, between the EU member states and the third country, the transfer and disclosure of personal data are prohibited.
Recitals applicable to Article 48 of GDPR
Relevant Recitals: 115
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Cited Legislation in Article 48 or relevant recitals
GDPR Text: Article 48 of GDPR and Relevant Recitals
GDPR Text Source: EUR-Lex
Official GDPR Text: General Data Protection Regulation
Official GDPR Title: REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), corrected by Corrigendum, OJL 127, 23.5.2018, p. 2 ((EU) 2016/679)