Art. 44 GDPR – General principle for transfers
1Any 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. 2All 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.
Frequently Asked Questions about Article 44
+ What is the general principle for international data transfers under the GDPR?
Article 44 states that personal data may only be transferred outside the EU if the conditions in Chapter 5 are met, so that the protection guaranteed by the GDPR is not undermined.
+Can personal data leave the EU under the GDPR?
Yes, but only where there is an adequacy decision, appropriate safeguards, or a specific derogation applies. The level of protection must remain essentially equivalent to the GDPR.
+ What is a restricted transfer under the GDPR?
A restricted transfer is a transfer of personal data to a country or organisation outside the EU or EEA, which is only lawful if a Chapter 5 transfer mechanism is in place.