GDPR Article 46(1): appropriate safeguards for a transfer without adequacy (Regulation (EU) 2016/679, Art 46(1))
A US buyer that is not on the Data Privacy Framework list can receive personal data only under safeguards such as the standard contractual clauses. The holder, as exporter, has to put them in place before sending.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“In the absence of a decision pursuant to Article 45(3), a controller or processor may transfer personal data to a third country or an international organisation only if the controller or processor has provided appropriate safeguards, and on condition that enforceable data subject rights and effective legal remedies for data subjects are available.”
Where it was read
Also read from the same source
- GDPR Article 5(1)(b): purpose limitation (Regulation (EU) 2016/679, Art 5(1)(b))
- GDPR Article 6(1)(f): legitimate interests as a lawful basis (Regulation (EU) 2016/679, Art 6(1)(f))
- GDPR Article 6(4): compatibility test for a new purpose (Regulation (EU) 2016/679, Art 6(4))
- GDPR Recital 50: further processing and the legal basis (Regulation (EU) 2016/679, recital 50)
- GDPR Article 9(1): special categories of personal data (Regulation (EU) 2016/679, Art 9(1))
- GDPR Article 13(3): telling people before a new purpose (Regulation (EU) 2016/679, Art 13(3))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in these 3 guides