Directive 95/46/EC of 24 October 1995 -
Articles 25 and 26 -
The transfer of personal data to a third country is allowed:
..if the third country ensures an adequate level of protection; the Commission can assess this, enter into negotiations to remedy the situation and issue an "adequacy decision";
..if the third country does not ensure an adequate level of protection but:
..certain conditions are fulfilled (e.g. consent)? or
..the controller adduces adequate safeguards (e.g. appropriate contractual clauses).
Please see full publication below for more information.
