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DGD 2

(111) Provisions should be made for the possibility for transfers in certain circumstances where

the data subject has given his or her explicit consent, where the transfer is occasional and

necessary in relation to a contract or a legal claim, regardless of whether in a judicial

procedure or whether in an administrative or any out-of-court procedure, including

procedures before regulatory bodies. Provision should also be made for the possibility for

transfers where important grounds of public interest laid down by Union or Member State

law so require or where the transfer is made from a register established by law and

intended for consultation by the public or persons having a legitimate interest. In the latter

case, such a transfer should not involve the entirety of the personal data or entire categories

of the data contained in the register and, when the register is intended for consultation by

persons having a legitimate interest, the transfer should be made only at the request of

those persons or, if they are to be the recipients, taking into full account the interests and

fundamental rights of the data subject.

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AV/NT/sr

DGD 2

(112) Those derogations should in particular apply to data transfers required and necessary for

important reasons of public interest, for example in cases of international data exchange

between competition authorities, tax or customs administrations, between financial

supervisory authorities, between services competent for social security matters, or for

public health, for example in the case of contact tracing for contagious diseases or in order

to reduce and/or eliminate doping in sport. A transfer of personal data should also be

regarded as lawful where it is necessary to protect an interest which is essential for the data

subject's or another person's vital interests, including physical integrity or life, if the data

subject is incapable of giving consent. In the absence of an adequacy decision, Union or

Member State law may, for important reasons of public interest, expressly set limits to the

transfer of specific categories of data to a third country or an international organisation.

Member States should notify such provisions to the Commission. Any transfer to an

international humanitarian organisation of personal data of a data subject who is physically

or legally incapable of giving consent, with a view to accomplishing a task incumbent

under the Geneva Conventions or to complying with international humanitarian law

applicable in armed conflicts, could be considered to be necessary for an important reason

of public interest or because it is in the vital interest of the data subject.

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AV/NT/sr

DGD 2

(113) Transfers which can be qualified as not repetitive and that only concern a limited number

of data subjects, could also be possible for the purposes of the compelling legitimate

interests pursued by the controller, when those interests are not overridden by the interests

or rights and freedoms of the data subject and when the controller has assessed all the

circumstances surrounding the data transfer. The controller should give particular

consideration to the nature of the personal data, the purpose and duration of the proposed

processing operation or operations, as well as the situation in the country of origin, the

third country and the country of final destination, and should provide suitable safeguards to

protect fundamental rights and freedoms of natural persons with regard to the processing of

their personal data. Such transfers should be possible only in residual cases where none of

the other grounds for transfer are applicable. For scientific or historical research purposes

or statistical purposes, the legitimate expectations of society for an increase of knowledge

should be taken into consideration. The controller should inform the supervisory authority

and the data subject about the transfer.

(114) 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.

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5419/16

AV/NT/sr

DGD 2

(115) Some third countries adopt laws, regulations and other legal acts which purport to directly

regulate the processing activities of natural and legal persons under the jurisdiction of the

Member States. This may include judgments of courts or tribunals or decisions of

administrative authorities in third countries requiring a controller or processor to transfer or

disclose personal data, and which are not based on an international agreement, such as a

mutual legal assistance treaty, in force between the requesting third country and the Union

or a Member State. The extraterritorial application of those laws, regulations and other

legal acts may be in breach of international law and may impede the attainment of the

protection of natural persons ensured in the Union by this Regulation. Transfers should

only be allowed where the conditions of this Regulation for a transfer to third countries are

met. This may inter alia be the case where the disclosure is necessary for an important

ground of public interest recognised in Union or Member State law to which the controller

is subject.

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DGD 2

(116) When personal data moves across borders outside the Union it may put at increased risk

the ability of natural persons to exercise data protection rights in particular to protect

themselves from the unlawful use or disclosure of that information. At the same time,

supervisory authorities may find that they are unable to pursue complaints or conduct

investigations relating to the activities outside their borders. Their efforts to work together

in the cross-border context may also be hampered by insufficient preventative or remedial

powers, inconsistent legal regimes, and practical obstacles like resource constraints.

Therefore, there is a need to promote closer cooperation among data protection supervisory

authorities to help them exchange information and carry out investigations with their

international counterparts. For the purposes of developing international cooperation

mechanisms to facilitate and provide international mutual assistance for the enforcement of

legislation for the protection of personal data, the Commission and the supervisory

authorities should exchange information and cooperate in activities related to the exercise

of their powers with competent authorities in third countries, based on reciprocity and in

accordance with this Regulation.

(117) The establishment of supervisory authorities in Member States, empowered to perform

their tasks and exercise their powers with complete independence, is an essential

component of the protection of natural persons with regard to the processing of their

personal data. Member States should be able to establish more than one supervisory

authority, to reflect their constitutional, organisational and administrative structure.

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DGD 2

(118) The independence of supervisory authorities should not mean that the supervisory

authorities cannot be subject to control or monitoring mechanisms regarding their financial

expenditure or to judicial review.

(119) Where a Member State establishes several supervisory authorities, it should establish by

law mechanisms for ensuring the effective participation of those supervisory authorities in

the consistency mechanism. That Member State should in particular designate the

supervisory authority which functions as a single contact point for the effective

participation of those authorities in the mechanism, to ensure swift and smooth cooperation

with other supervisory authorities, the Board and the Commission.

(120) Each supervisory authority should be provided with the financial and human resources,

premises and infrastructure necessary for the effective performance of their tasks,

including those related to mutual assistance and cooperation with other supervisory

authorities throughout the Union. Each supervisory authority should have a separate,

public annual budget, which may be part of the overall state or national budget.

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(121) The general conditions for the member or members of the supervisory authority should be

laid down by law in each Member State and should in particular provide that those

members are to be appointed, by means of a transparent procedure, either by the

parliament, government or the head of State of the Member State on the basis of a proposal

from the government, a member of the government, the parliament or a chamber of the

parliament, or by an independent body entrusted under Member State law. In order to

ensure the independence of the supervisory authority, the member or members should act

with integrity, refrain from any action that is incompatible with their duties and should not,

during their term of office, engage in any incompatible occupation, whether gainful or not.

The supervisory authority should have its own staff, chosen by the supervisory authority or

an independent body established by Member State law, which should be subject to the

exclusive direction of the member or members of the supervisory authority.

(122) Each supervisory authority should be competent on the territory of its own Member State

to exercise the powers and to perform the tasks conferred on it in accordance with this

Regulation. This should cover in particular the processing in the context of the activities of

an establishment of the controller or processor on the territory of its own Member State,

the processing of personal data carried out by public authorities or private bodies acting in

the public interest, processing affecting data subjects on its territory or processing carried

out by a controller or processor not established in the Union when targeting data subjects

residing on its territory. This should include handling complaints lodged by a data subject,

conducting investigations on the application of this Regulation and promoting public

awareness of the risks, rules, safeguards and rights in relation to the processing of personal

data.

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(123) The supervisory authorities should monitor the application of the provisions pursuant to

this Regulation and contribute to its consistent application throughout the Union, in order

to protect natural persons in relation to the processing of their personal data and to

facilitate the free flow of personal data within the internal market. For that purpose, the

supervisory authorities should cooperate with each other and with the Commission,

without the need for any agreement between Member States on the provision of mutual

assistance or on such cooperation.

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(124) Where the processing of personal data takes place in the context of the activities of an

establishment of a controller or a processor in the Union and the controller or processor is

established in more than one Member State, or where processing taking place in the

context of the activities of a single establishment of a controller or processor in the Union

substantially affects or is likely to substantially affect data subjects in more than one

Member State, the supervisory authority for the main establishment of the controller or

processor or for the single establishment of the controller or processor should act as lead

authority. It should cooperate with the other authorities concerned, because the controller

or processor has an establishment on the territory of their Member State, because data

subjects residing on their territory are substantially affected, or because a complaint has

been lodged with them. Also where a data subject not residing in that Member State has

lodged a complaint, the supervisory authority with which such complaint has been lodged

should also be a supervisory authority concerned. Within its tasks to issue guidelines on

any question covering the application of this Regulation, the Board should be able to issue

guidelines in particular on the criteria to be taken into account in order to ascertain whether

the processing in question substantially affects data subjects in more than one

Member State and on what constitutes a relevant and reasoned objection.

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DGD 2

(125) The lead authority should be competent to adopt binding decisions regarding measures

applying the powers conferred on it in accordance with this Regulation. In its capacity as

lead authority, the supervisory authority should closely involve and coordinate the

supervisory authorities concerned in the decision-making process. Where the decision is to

reject the complaint by the data subject in whole or in part, that decision should be adopted

by the supervisory authority with which the complaint has been lodged.

(126) The decision should be agreed jointly by the lead supervisory authority and the supervisory

authorities concerned and should be directed towards the main or single establishment of

the controller or processor and be binding on the controller and processor. The controller

or processor should take the necessary measures to ensure compliance with this Regulation

and the implementation of the decision notified by the lead supervisory authority to the

main establishment of the controller or processor as regards the processing activities in the

Union.

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pdf to image conversion in c#.net : Convert password protected pdf to excel Library SDK component .net asp.net winforms mvc GDPR%20ENG7-part1725