Amendment LIBE #2461

Article 42 – Paragraph 5

5. Where the appropriate safeguards with respect to the protection of personal data are not provided for in a legally binding instrument and no data protection officer has been designated and no sufficient or applicable official certification is available, the controller or processor shall obtain prior authorisation for the transfer, or a set of transfers, or for provisions to be inserted into administrative arrangements providing the basis for such transfer. Such authorisation by the supervisory authority shall be in accordance with point (a) of Article 34(1). 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. Authorisations by a supervisory authority on the basis of Article 26(2) of Directive 95/46/EC shall remain valid, until amended, replaced or repealed by that supervisory authority.

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

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