4.5.2016
EN
Official Journal of the European Union
L 119/21
standard data-protection clauses in a wider contract, such as a contract between the processor and another
processor, nor from adding other clauses or additional safeguards provided that they do not contradict, directly
or indirectly, the standard contractual clauses adopted by the Commission or by a supervisory authority or
prejudice the fundamental rights or freedoms of the data subjects. Controllers and processors should be
encouraged to provide additional safeguards via contractual commitments that supplement standard protection
clauses.
(110) A group of undertakings, or a group of enterprises engaged in a joint economic activity, should be able to make
use of approved binding corporate rules for its international transfers from the Union to organisations within the
same group of undertakings, or group of enterprises engaged in a joint economic activity, provided that such
corporate rules include all essential principles and enforceable rights to ensure appropriate safeguards for
transfers or categories of transfers of personal data.
(111) Provisions should be made for the possibility for transfers in certain circumstances where the data subject has
given his or her explicit consent, where the transfer is occasional and necessary in relation to a contract or a legal
claim, regardless of whether in a judicial procedure or whether in an administrative or any out-of-court
procedure, including procedures before regulatory bodies. Provision should also be made for the possibility for
transfers where important grounds of public interest laid down by Union or Member State law so require or
where the transfer is made from a register established by law and intended for consultation by the public or
persons having a legitimate interest. In the latter case, such a transfer should not involve the entirety of the
personal data or entire categories of the data contained in the register and, when the register is intended for
consultation by persons having a legitimate interest, the transfer should be made only at the request of those
persons or, if they are to be the recipients, taking into full account the interests and fundamental rights of the
data subject.
(112) Those derogations should in particular apply to data transfers required and necessary for important reasons of
public interest, for example in cases of international data exchange between competition authorities, tax or
customs administrations, between financial supervisory authorities, between services competent for social security
matters, or for public health, for example in the case of contact tracing for contagious diseases or in order to
reduce and/or eliminate doping in sport. A transfer of personal data should also be regarded as lawful where it is
necessary to protect an interest which is essential for the data subject's or another person's vital interests,
including physical integrity or life, if the data subject is incapable of giving consent. In the absence of an
adequacy decision, Union or Member State law may, for important reasons of public interest, expressly set limits
to the transfer of specific categories of data to a third country or an international organisation. Member States
should notify such provisions to the Commission. Any transfer to an international humanitarian organisation of
personal data of a data subject who is physically or legally incapable of giving consent, with a view to
accomplishing a task incumbent under the Geneva Conventions or to complying with international humanitarian
law applicable in armed conflicts, could be considered to be necessary for an important reason of public interest
or because it is in the vital interest of the data subject.
(113) Transfers which can be qualified as not repetitive and that only concern a limited number of data subjects, could
also be possible for the purposes of the compelling legitimate interests pursued by the controller, when those
interests are not overridden by the interests or rights and freedoms of the data subject and when the controller
has assessed all the circumstances surrounding the data transfer. The controller should give particular considera
tion to the nature of the personal data, the purpose and duration of the proposed processing operation or
operations, as well as the situation in the country of origin, the third country and the country of final
destination, and should provide suitable safeguards to protect fundamental rights and freedoms of natural
persons with regard to the processing of their personal data. Such transfers should be possible only in residual
cases where none of the other grounds for transfer are applicable. For scientific or historical research purposes or
statistical purposes, the legitimate expectations of society for an increase of knowledge should be taken into con
sideration. The controller should inform the supervisory authority and the data subject about the transfer.
(114) In any case, where the Commission has taken no decision on the adequate level of data protection in a third
country, the controller or processor should make use of solutions that provide data subjects with enforceable and
effective rights as regards the processing of their data in the Union once those data have been transferred so that
that they will continue to benefit from fundamental rights and safeguards.