(b) the controller or processor has (b) the controller has assessed (b) the controller has assessed all deleted (…) assessed all the circumstances all the circumstances surrounding the circumstances surrounding the surrounding the transfer of personal the transfer of personal data and transfer of personal data and data and concludes that appropriate concludes that appropriate concludes that appropriate safeguards exist with respect to the safeguards exist with respect to the safeguards exist with respect to the protection of personal data. protection of personal data. Such an protection of personal data. assessment may take into account the existing cooperation agreements between Europol and/or Eurojust and third countries which allow for the exchange of personal data. 1a. The controller shall inform the supervisory authority about categories of transfers under point (b) of paragraph (1). 2. The decision for transfers under 2.The decision for transfers under 2. When a transfer is based on point deleted paragraph 1 (b) must be made by paragraph 1 (b) must be made by (b) of paragraph 1, such a transfer duly authorised staff. These duly authorised staff. Those must be documented and the transfers must be documented and transfers must be documented and documentation must be made the documentation must be made the documentation must be made available to the supervisory available to the supervisory available to the supervisory authority on request, including the authority on request. authority on request date and time of the transfer, authorised by information about the receiving the supervisory authority prior to competent authority, the the transfer. justification for the transfer and the data transferred. Article 36 Article 36 Article 36 Article 36 Derogations Derogations Derogations for specific situations Derogations for specific situations Amendment 99
(b) the controller or processor has assessed all the circumstances surrounding the transfer of personal data and concludes that appropriate safeguards exist with respect to the protection of personal data. deleted (b) the controller (…) has assessed all the circumstances surrounding the transfer of personal data and concludes that appropriate safeguards exist with respect to the protection of personal data. Such an assessment may take into account the existing cooperation agreements between Europol and/or Eurojust and third countries which allow for the exchange of personal data. (b) the controller has assessed all the circumstances surrounding the transfer of personal data and concludes that appropriate safeguards exist with respect to the protection of personal data. 1a. The controller shall inform the supervisory authority about categories of transfers under point (b) of paragraph (1). 2. The decision for transfers under paragraph 1 (b) must be made by duly authorised staff. These transfers must be documented and the documentation must be made available to the supervisory authority on request. 2.The decision for transfers under paragraph 1 (b) must be made by duly authorised staff. Those transfers must be documented and the documentation must be made available to the supervisory authority on request authorised by the supervisory authority prior to the transfer. deleted 2. When a transfer is based on point (b) of paragraph 1, such a transfer must be documented and the documentation must be made available to the supervisory authority on request, including the date and time of the transfer, information about the receiving competent authority, the justification for the transfer and the data transferred. Article 36 Article 36 Article 36 Article 36 Derogations Derogations Derogations for specific situations Derogations for specific situations Amendment 99
4_4column_table_EN.docx