Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
3.
to prevent an immediate and serious threat to the public security of a country;
4.
in individual cases for the purposes referred to in Section 45; or
5.
in an individual case for the establishment, exercise or defence of legal claims
relating to the purposes referred to in Section 45.
(2) The controller shall not transfer data pursuant to subsection 1 if the fundamental rights of
the data subject override the public interest in the transfer.
(3) Section 79 (2) shall apply accordingly to transfers pursuant to subsection 1.
Section 81
Other data transfers to recipients in third countries
(1) In special individual cases and if all other requirements for data transfers to third
countries are met, controllers may transfer personal data directly to recipients in third
countries not referred to in Section 78 (1) no. 1 if the transfer is strictly necessary for the
performance of their tasks and
1.
in the specific case no fundamental rights of the data subject override the public
interest in the transfer;
2.
transfer to the bodies referred to in Section 78 (1) no. 1 would be ineffective or
inappropriate, in particular because the transfer cannot be carried out in time; and
3.
the controller informs the recipient of the purposes of processing and instructs
the recipient that the transferred data may be processed only to the extent necessary for
these purposes.
(2) In the case of subsection 1, the controller shall inform the bodies referred to in Section 78
(1) no. 1 of the transfer without delay, unless this is ineffective or inappropriate.
(3) Section 79 (2) and (3) shall apply accordingly to transfers pursuant to subsection 1.
(4) In the case of transfers pursuant to subsection 1, the transmitting controller shall obligate
the recipient to process the transferred personal data without the controller’s consent only for
the purpose for which they were transferred.
(5) Agreements in the field of judicial cooperation in criminal matters and police cooperation
shall remain unaffected.
Chapter 6
Cooperation among supervisory authorities
Section 82
Mutual assistance
(1) The Federal Commissioner shall provide the supervisory authorities in other European
Union Member States with information and mutual assistance as far as necessary to
implement and apply Directive (EU) 2016/680 in a consistent manner. Mutual assistance
shall cover, in particular, information requests and supervisory measures, such as requests
to carry out consultations, inspections and investigations.
(2) The Federal Commissioner shall take all appropriate measures required to reply to a
request for mutual assistance without delay and no later than one month after receiving the
request.
(3) The Federal Commissioner may refuse to comply with the request only if
1.
he or she is not competent for the subject matter of the request or for the
measures he or she is asked to execute; or
2.
compliance with the request would violate the law.
(4) The Federal Commissioner shall inform the other state’s requesting supervisory authority
of the results or, as the case may be, of the progress of the measures taken in response to
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