Recital 114 – Safeguarding of Enforceability of Rights and Obligations in the Absence of an Adequacy Decision*

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 enforceable and effective rights as regards the processing of their data in the Union once those data have been transferred so that that they will continue to benefit from fundamental rights and safeguards.

* This title is an unofficial description.


Why Recital 114 Matters for GDPR Compliance?

Recital 114 matters for GDPR compliance because it ensures that even in the absence of an adequacy decision, data subjects must continue to benefit from enforceable rights and effective legal remedies. It requires controllers and processors to implement measures that guarantee ongoing protection of personal data after it has been transferred outside the European Union. This reinforces the principle that data protection must travel with the data, regardless of location.

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