The transfer of personal data outside of the EU is only allowed under certain conditions as set out in Directive 95/46/EC and also in the General Data Protection Regulation which will be fully applicable as of May 2018. If a country is deemed by the European Commission to offer an adequate level of protection, it will be subject to the same rules as an EU Member State, which means that the recipient of the data in that state will not be obliged to take specific measures to allow for the transfer. Transferring data to a country without an adequacy decision requires appropriate safeguards, such as standard contractual clauses or binding corporate rules. Derogations to this rule can be obtained in very specific cases. The European Data Protection Board, of which the EDPS is a member, will provide the Commission with Opinions on this subject.
Opinion on the Proposal for a Council Regulation on Administrative Cooperation in the field of Excise Duties, OJ C 74/1, 13.3.2012, p1
Opinion on the legal proposals for the Common Agricultural Policy after 2013, OJ C 35/01, 09.02.2012, p.1
See also the text of the 'Proposal for a regulation of the European Parliament and of the Council establishing rules for direct payments to farmers under support schemes within the framework of the common agricultural policy'
See also the text of the 'Proposal for a Regulation of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (Single CMO Regulation)'
See also the text of the 'Proposal for a Regulation of the European Parliament and of the Council on support for rural development by the European Agricultural Fund for Rural Development (EAFRD)'
See also the text of the 'Proposal for a Regulation of the European Parliament and of the Council on the financing, management and monitoring of the common agricultural policy'
Opinion of 9 December 2011 on the Proposal for a Council Decision on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security, OJ C 35/03, 09.02.2012, p.16
See also the text of the "Proposal for a Council decision on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security".
Opinion on the Proposal for a Council Decision on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security, OJ C 35/03, 09.02.2012, p.16
See also the text of the "Proposal for a Council decision on the conclusion of the Agreement between the United States of America and the European Union on the use and transfer of Passenger Name Records to the United States Department of Homeland Security".
Opinion on the Commission Implementing Regulation (EU) No 404/2011 of 8 April 2011 laying down detailed rules for the implementation of Council Regulation (EC) No 1224/2009 establishing a Community control system for ensuring compliance with the rules of the Common Fisheries Policy, OJ C 37/01 , 10.02.2012, p.1