Article 44
General principle for transfers
Regulation
Art. 44 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 shall take place only 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. All provisions in this Chapter shall be applied in order to ensure that the level of protection of natural persons guaranteed by this Regulation is not undermined. |
Directive
No specific provision |
Poland
In force until May 25, 2018: The Act on Personal Data Protection Art. 47 1. The transfer of personal data to a third country may take place only, if the country of destination ensures adequate level of personal data protection in its territory, 1a. The adequacy of the level of personal data protection referred to in paragraph 1 shall be evaluated taking into account all the circumstances concerning a data transfer operation, in particular the nature of the data, the purpose and duration of the proposed data processing operations, the country of origin and the country of final destination of the data as well as the legal provisions being in force in a given third country and the security measures and professional rules applied in this country. 2. The provision of paragraph 1 above shall not apply if the transfer of personal data results from an obligation imposed on the data controller by legal provisions or by the provisions of any ratified international agreement which guarantee adequate level of data protection. 3. Nevertheless the controller may transfer the personal data to a third country provided that: 1) the data subject has given his/her written consent, 2) the transfer is necessary for the performance of a contract between the data subject and the controller or takes place in response to the data subject's request, 3) the transfer is necessary for the performance of a contract concluded in the interests of the data subject between the controller and another subject, 4) the transfer is necessary or required by reasons of public interests or for the establishment of legal claims, 5) the transfer is necessary in order to protect the vital interests of the data subject, 6) the transfer relates to data which are publicly available. |