# Article 45. Transfers on the basis of a decision on the adequacy of the level of protection Source: https://conformitate.md/en/law-195-2024/article-45 Law version: 2026-10-15 · Official source: legis.md (https://www.legis.md/cautare/getResults?doc_id=144681&lang=ro) Notice: The Romanian and Russian texts are those published in Monitorul Oficial. This English text is an unofficial translation by conformitate.md and has no legal force. Not an official publication. The Law was published in Monitorul Oficial No. 367-369/2024, art. 574. Chapter V (1) A transfer of personal data to another state or to an international organisation is carried out where the Centre has decided that the state, a territory or one or more specified sectors within that state, or the international organisation in question, ensures an adequate level of protection. Transfers carried out under these conditions shall not require any special authorisation. (2) When assessing the adequacy of the level of protection, the Centre shall, in particular, take account of the following elements: a) the rule of law, respect for fundamental rights and freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law, the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another state or to an international organisation, which are complied with in that state or in that international organisation, case-law, as well as the existence of effective and enforceable rights of data subjects and of effective administrative and judicial remedies for the data subjects whose personal data are being transferred; b) the existence and effective functioning of one or more independent supervisory authorities in the foreign state or to whose jurisdiction an international organisation is subject, with responsibility for ensuring and enforcing compliance with the personal data protection rules, including appropriate enforcement powers, for assisting and advising the data subjects in exercising their rights and for cooperation with the Centre; c) the international commitments which the state or international organisation concerned has entered into, or other obligations arising from international treaties, as well as from their participation in multilateral or regional systems, in particular in relation to the protection of personal data; and d) the decisions of the European Commission on the adequacy of the level of protection. (3) The Centre, after assessing the adequacy of the level of protection, may decide that another state, a territory or one or more specified sectors within a state, or an international organisation, ensures an adequate level of protection within the meaning of paragraph (2). The decision shall provide for a mechanism for periodic review, at least every four years, which shall take into account all relevant developments in the foreign state or the international organisation. The decision shall specify its territorial and sectoral application and, where applicable, identify the supervisory authority or authorities referred to in paragraph (2)(b). (4) The Centre shall, on an ongoing basis, monitor developments in other states and in international organisations that could affect the functioning of decisions issued pursuant to paragraph (3) and of decisions issued before the entry into force of this Law. (5) Where available information reveals, in particular following the review referred to in paragraph (3), that another state, a territory or a specified sector within another state, or an international organisation, no longer ensures an adequate level of protection within the meaning of paragraph (2), the Centre shall, where necessary, repeal or amend the decision referred to in paragraph (3), without retroactive effect. (6) The Centre, jointly with the competent authorities of the Republic of Moldova, may initiate consultations with the state or the international organisation with a view to remedying the situation giving rise to the decision issued in accordance with paragraph (5). (7) A decision issued pursuant to paragraph (5) shall be without prejudice to transfers of personal data to the state, to the territory or to one or more specified sectors within that state, or to the international organisation in question, in accordance with art. 46–49. (8) The Centre shall publish in the Official Gazette of the Republic of Moldova (Monitorul Oficial) and on its official website the list of states, territories and specified sectors within a state and of international organisations in respect of which it has decided that an adequate level of protection is ensured or is no longer ensured. Related topics [Transferring personal data outside Moldova](https://conformitate.md/en/law-195-2024/transfers-to-other-states) ## How we can help with this - [GDPR Moldova compliance assessment →](https://conformitate.md/en/services/compliance-assessment) We assess online how your company processes personal data and give you a written report of what is missing under Law No. 195/2024, in order of priority. --- Provider: conformitate.md · RIGHT CONSULT COMPANY (IDNO 1022600002005) · MD-2072, mun. Chișinău, sect. Botanica, str. Grenoble 259/6, of. 57 Phone: +373 767 27 667 · Email: contact@conformitate.md Prices: https://conformitate.md/en/pricing