Recital 89*

Go to related Article 41
Go to related Article 44

Commission proposal

(89) 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 a guarantee that they will continue to benefit from the fundamental rights and safeguards as regards processing of their data in the Union once this data has been transferred.

EDRri’s Proposed amendment

(89) 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 a legally binding guarantee that they will continue to benefit from the fundamental rights and safeguards as regards processing of their data in the Union once this data has been transferred.This guarantee will include financial indemnification in cases of loss or unauthorised access or processing of the data and an obligation, regardless of local legislation, to provide full details of all access to the data by public authorities in the third country.

Justification
The Commission’s text is too vague and out of step with the rest of the Regulation.

  • 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.
%d bloggers like this: