Home Privacy Law GDPR Article 48 GDPR (Transfers or Disclosures Not Authorised By Union Law)

Article 48 GDPR (Transfers or Disclosures Not Authorised By Union Law)

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

GDPR Regulation article-by-article overview

Read our comprehensive overview of the GDPR Regulation, article by article, where we summarize each of the 99 articles contained in GDPR to give you a complete understanding of its content.

Cited Legislation in Article 48 or relevant recitals

None

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)

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