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.

Leave a Reply

Fill in your details below or click an icon to log in:

Gravatar
WordPress.com Logo

You are commenting using your WordPress.com account. ( Log Out /  Change )

Google photo

You are commenting using your Google account. ( Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. ( Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. ( Log Out /  Change )

Cancel

Connecting to %s

  • eu logo The launch and upkeep (until December 31, 2013) of this website received financial support from the EU's Fundamental Rights and Citizenship Programme.
  • EDRi.org
%d bloggers like this: