Overview

This article ensures that personal data transfers or disclosures to third countries or international organizations based on foreign court or administrative decisions are only enforceable if they are supported by an international agreement, such as a mutual legal assistance treaty, between the third country and the EU or a Member State.


Key Principles

  • Legal Basis Requirement: Transfers or disclosures must be grounded in international agreements.

  • Protection of Data Subjects: Ensures that foreign legal requirements do not undermine GDPR safeguards.

  • Accountability: Organizations must verify the legitimacy and enforceability of foreign requests.

  • Risk Mitigation: Prevents unauthorized or non-compliant international data transfers.

Organizational Applicability

This article applies to all organizations processing personal data within the EU that may be subject to foreign legal requests:

  • Controllers and processors handling EU/EEA personal data.

  • Public and private sector entities receiving requests from foreign courts or administrative authorities.

  • Teams responsible for legal compliance, cross-border transfers, and data governance.

Implementation Requirements

  • Verify that any transfer or disclosure based on foreign legal decisions is supported by an international agreement with the EU or Member State.

  • Maintain documentation demonstrating the legal basis and authorization for the transfer.

  • Assess whether the disclosure aligns with GDPR protections for data subjects.

  • Implement procedures to handle and review foreign requests appropriately.

Implementation Guidance

  • Establish a legal review process for all foreign data requests.

  • Train staff on identifying requests that require international agreements.

  • Coordinate with legal counsel or supervisory authorities when evaluating such requests.

  • Document decisions and justifications for compliance and accountability purposes.

Periodic Review

  • Frequency: Annually or when new foreign requests or agreements arise.

  • Responsible Role: Data Protection Officer (DPO), Compliance Team, or Legal.

  • Outcome: Ensure all foreign transfers or disclosures are legally supported and GDPR-compliant.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover.

  • Legal Exposure: Enforcement actions for unauthorized transfers or disclosures.

  • Reputational Damage: Loss of trust due to non-compliance with GDPR and international obligations.

  • Operational Risk: Exposure to regulatory scrutiny or conflicts with foreign legal demands.