(a)
the data subject has explicitly consented to the proposed transfer, after having been
informed of the possible risks of such transfers for the data subject due to the absence of an
adequacy decision and appropriate safeguards;
(b)
the transfer is necessary for the performance of a contract between the data subject and the
controller or the implementation of pre-contractual measures taken at the data subject’s
request;
(c)
the transfer is necessary for the conclusion or performance of a contract concluded in the
interest of the data subject between the controller and another natural or legal person;
(d)
the transfer is necessary for important reasons of public interest;
(e)
the transfer is necessary for the establishment, exercise or defence of legal claims;
(f)
the transfer is necessary in order to protect the vital interests of the data subject or of other
persons, where the data subject is physically or legally incapable of giving consent;
(g)
the transfer is made from a register which according to Union or Member State law is
intended to provide information to the public and which is open to consultation either by
the public in general or by any person who can demonstrate a legitimate interest, but only
to the extent that the conditions laid down by Union or Member State law for consultation
are fulfilled in the particular case.
Where a transfer could not be based on a provision in Article 45 or 46, including the provisions on
binding corporate rules, and none of the derogations for a specific situation referred to in the first
subparagraph of this paragraph is applicable, a transfer to a third country or an international
organisation may take place only if the transfer is not repetitive, concerns only a limited number of
data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller
which are not overridden by the interests or rights and freedoms of the data subject, and the controller
has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment
provided suitable safeguards with regard to the protection of personal data. The controller shall inform
the supervisory authority of the transfer. The controller shall, in addition to providing the information
referred to in Articles 13 and 14, inform the data subject of the transfer and on the compelling
legitimate interests pursued.
2.
A transfer pursuant to point (g) of the first subparagraph of paragraph 1 shall not involve the
entirety of the personal data or entire categories of the personal data contained in the register. Where
the register is intended for consultation by persons having a legitimate interest, the transfer shall be
made only at the request of those persons or if they are to be the recipients.
3.
Points (a), (b) and (c) of the first subparagraph of paragraph 1 and the second subparagraph
thereof shall not apply to activities carried out by public authorities in the exercise of their public
powers.
4.
The public interest referred to in point (d) of the first subparagraph of paragraph 1 shall be
recognised in Union law or in the law of the Member State to which the controller is subject.
5.
In the absence of an adequacy decision, Union or Member State law may, for important reasons
of public interest, expressly set limits to the transfer of specific categories of personal data to a third
country or an international organisation. Member States shall notify such provisions to the
Commission.
6.
The controller or processor shall document the assessment as well as the suitable safeguards
referred to in the second subparagraph of paragraph 1 of this Article in the records referred to in
Article 30.’
16
Under Article 51(1) of the GDPR: