Amendment LIBE #2450

Article 42 – Paragraph 4

4. Where a transfer is based on contractual clauses as referred to in point (d) of paragraph 2 of this Article and no data protection officer has been designated or no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation of the contractual clauses according to point (a) of Article 34(1) from the supervisory authority. If the transfer is related to processing activities which concern data subjects in another Member State or other Member States, or substantially affect the free movement of personal data within the Union, the supervisory authority shall apply the consistency mechanism referred to in Article 57.

Current Data Privacy Rating is : weaker    Agustín Díaz de Mera García Consuegra Spain EPP


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