Article 49. Derogations for specific situations

(1) In the absence of a decision on the adequacy of the level of protection in accordance with art. 45(3), or of appropriate safeguards in accordance with art. 46, including binding corporate rules, a transfer or a set of transfers of personal data to another state or to an international organisation shall take place only on one of the following conditions:

1. a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for him or her due to the absence of a decision on the adequacy of the level of protection and of appropriate safeguards;
2. b) the transfer is necessary for the performance of a contract between the data subject and the controller or for the implementation of pre-contractual measures taken at the data subject’s request;
3. c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
4. d) the transfer is necessary for important reasons of public interest;
5. e) the transfer is necessary for the establishment, exercise or defence of a right in administrative, judicial or out-of-court proceedings;
6. f) the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent;
7. g) the transfer is made from a register which, according to normative acts, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions for consultation laid down by normative acts are fulfilled in that particular case.

(2) Where a transfer cannot be based on a provision in art. 45 or 46, including the provisions on binding corporate rules, and none of the derogations for specific situations referred to in paragraph (1) of this Article is applicable, a transfer to another state or to an international organisation may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of substantial legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has, on the basis of that assessment, provided appropriate safeguards with regard to the protection of personal data. The controller shall inform the Centre of the transfer. The controller shall, in addition to providing the information referred to in art. 13 and 14, inform the data subject of the transfer and of the substantial legitimate interests it pursues.

(3) A transfer pursuant to paragraph (1)(g) shall not involve all the personal data or categories of personal data contained in the register. Where the register is intended for consultation by persons having a legitimate interest, the transfer shall be made only at the request of those persons or where they are the recipients.

(4) Paragraph (1)(a)–(c) and paragraph (2) shall not apply to activities carried out by public authorities in the exercise of their public powers.

(5) The public interest referred to in paragraph (1)(d) shall be laid down in normative acts.

(6) In the absence of a decision on the adequacy of the level of protection, normative acts may, for important reasons of public interest, expressly set limits to the transfer of specific categories of personal data to another state or to an international organisation.

(7) The controller or processor shall record the assessment, as well as the appropriate safeguards referred to in paragraph (2), in the records referred to in art. 30.