Article 40*

Article 40 – General principle for transfers

Commission Proposal

Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation may only take place if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation.

Go to related Recital 78

EDRi’s proposed amendment

Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation may only take place if shall be prohibited unless, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation.

Justification

This amendment clarifies that the starting point is the prohibition of transfers to third countries, unless the exceptions in this Chapter are applicable.

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