Transfer #9
Description
Transfer
A transfer of data consists of the disclosure of stored data or data obtained through data processing to third parties. The form of transfer and the number of receiving third parties are not decisive.
Under the transfer concept, transmission is to be distinguished from the mere forwarding of data to a recipient and - in contrast to “provision” - the activity is initiated by the sender.
A transfer of personal data to third countries or international organizations is only possible on the basis of an adequacy decision (Art. 45 para. 3 GDPR). If there is no decision, a transfer is possible subject to appropriate safeguards (Art. 46 GDPR). If neither is available, exceptional cases must be examined.
In addition, it does not matter whether the transfer takes place within the Union and thus the GDPR or has a link to a third country outside of it.
Furthermore, since transfer is a sub-aspect of processing, the conditions for this must also be fullfilled.
Related Comments
Based On
Art. 4 Nr. 2
Comm. Art. 4 Rn. 49-51
Comm. Art. 4 Rn. 52
References
Recipient
Linking and Forwarding
Derogation for Transfer to third Countries