4.5.2016
EN
Official Journal of the European Union
L 119/99
the controller in the third country or international organisation is an authority competent within the meaning of
this Directive. A transfer should be carried out only by competent authorities acting as controllers, except where
processors are explicitly instructed to transfer on behalf of controllers. Such a transfer may take place in cases
where the Commission has decided that the third country or international organisation in question ensures an
adequate level of protection, where appropriate safeguards have been provided, or where derogations for specific
situations apply. Where personal data are transferred from the Union to controllers, to processors or to other
recipients in third countries or international organisations, the level of protection of natural persons provided for
in the Union by this Directive should not be undermined, including in cases of onward transfers of personal data
from the third country or international organisation to controllers or processors in the same or in another third
country or international organisation.
(65)
Where personal data are transferred from a Member State to third countries or international organisations, such a
transfer should, in principle, take place only after the Member State from which the data were obtained has given
its authorisation to the transfer. The interests of efficient law-enforcement cooperation require that where the
nature of a threat to the public security of a Member State or a third country or to the essential interests of a
Member State is so immediate as to render it impossible to obtain prior authorisation in good time, the
competent authority should be able to transfer the relevant personal data to the third country or international
organisation concerned without such a prior authorisation. Member States should provide that any specific
conditions concerning the transfer should be communicated to third countries or international organisations.
Onward transfers of personal data should be subject to prior authorisation by the competent authority that
carried out the original transfer. When deciding on a request for the authorisation of an onward transfer, the
competent authority that carried out the original transfer should take due account of all relevant factors,
including the seriousness of the criminal offence, the specific conditions subject to which, and the purpose for
which, the data was originally transferred, the nature and conditions of the execution of the criminal penalty, and
the level of personal data protection in the third country or an international organisation to which personal data
are onward transferred. The competent authority that carried out the original transfer should also be able to
subject the onward transfer to specific conditions. Such specific conditions can be described, for example, in
handling codes.
(66)
The Commission should be able to decide with effect for the entire Union that certain third countries, a territory
or one or more specified sectors within a third country, or an international organisation, offer an adequate level
of data protection, thus providing legal certainty and uniformity throughout the Union as regards the third
countries or international organisations which are considered to provide such a level of protection. In such cases,
transfers of personal data to those countries should be able to take place without the need to obtain any specific
authorisation, except where another Member State from which the data were obtained has to give its authoris
ation to the transfer.
(67)
In line with the fundamental values on which the Union is founded, in particular the protection of human rights,
the Commission should, in its assessment of the third country, or of a territory or specified sector within a third
country, take into account how a particular third country respects the rule of law, access to justice as well as in
ternational human rights norms and standards and its general and sectoral law, including legislation concerning
public security, defence and national security, as well as public order and criminal law. The adoption of an
adequacy decision with regard to a territory or a specified sector in a third country should take into account clear
and objective criteria, such as specific processing activities and the scope of applicable legal standards and
legislation in force in the third country. The third country should offer guarantees ensuring an adequate level of
protection essentially equivalent to that ensured within the Union, in particular where data are processed in one
or several specific sectors. In particular, the third country should ensure effective independent data protection
supervision and provide for cooperation mechanisms with the Member States' data protection authorities, and the
data subjects should be provided with effective and enforceable rights and effective administrative and judicial
redress.
(68)
Apart from the international commitments the third country or international organisation has entered into, the
Commission should also take account of obligations arising from the third country's or international organisa
tion's participation in multilateral or regional systems, in particular in relation to the protection of personal data,
as well as the implementation of such obligations. In particular the third country's accession to the Council of
Europe Convention of 28 January 1981 for the Protection of Individuals with regard to the Automatic Processing
of Personal Data and its Additional Protocol should be taken into account. The Commission should consult with
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