or on the request of a data subject oblige the controller to disclose the entirety or part of the
items of information as enumerated in Article 17 to it.
Article 20
If a specific system of prior authorisations or notifications of data processing operations has
been provided by or by virtue of a law, prescribing the communication of the information
referred to in Article 17 §§ 3 and 6 to a special supervisory committee and the entry in a
public register of the items of information referred to in Article 17 §§ 3 and 6, the obligations
laid down in the Articles 17, 18 and 19 shall be considered to have been complied with, if the
entirety of this information is kept on a permanent basis at the disposal of the Commission for
the protection of privacy.
Article 17 § 9 shall be applicable.
Chapter VI - Transfer of personal data to countries outside the European Community
Article 21
§ 1. Personal data that are undergoing processing or that are intended for processing after
transfer may be transferred to a country outside the European Community only if, without
prejudice to compliance with the provisions laid down by or by virtue of this law, the third
country in question ensures an adequate level of protection.
The adequacy of the level of protection shall be assessed in the light of all the circumstances
surrounding a data transfer operation or a category of data transfer operations; particular
consideration shall be given to the nature of the data, the purpose and duration of the
intended processing operation or operations, the country of origin and country of final
destination, the rules of law, both general and sectoral, in force in the country in question and
the professional rules and security measures that are complied with in that country.
§ 2. The King shall lay down after advice of the Commission for the protection of privacy and
in accordance with Article 25 of Directive 95/46/EC on the protection of individuals with regard
to the processing of personal data and on the free movement of such data, for which
categories of processing operations of personal data and under which circumstances the
transfer of personal data to countries outside the European Community is not authorised.
Article 22
§ 1. As a derogation from Article 21 a transfer or category of transfers of personal data to a
country outside the European Community that does not ensure an adequate level of
protection may take place in one of the following cases:
1° the data subject has given his consent unambiguously to the intended transfer;
2° 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 in response to the
request of the data subject;
3° the transfer is necessary for the conclusion or performance of a contract concluded or to
be concluded in the interest of the data subject between the controller and a third party;
4° the transfer is necessary or legally required on important public interest grounds, or for the
establishment, exercise or defence of legal claims;
5° the transfer is necessary in order to protect the vital interests of the data subject;
16