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Article 9 -
Data Transfer to Foreign Countries
(1) Regardless of
the data carrier or the way of the data transfer, personal data
(including special data) shall not be transferred to data
controllers or technical data processors in third countries unless:
a) the data
subject has given his explicit consent, or
b) provided
for by an Act and the adequate level of protection of the personal
data in the third country is ensured during the processing or
technical processing of the transferred data.
(2) The adequate
level of protection of personal data is not ensured unless
a) the Commission
of the European Communities on the basis of a legal act determined
by a separate Act recognizes that the third country ensures adequate
level of protection,
b) there is
an international agreement in force between the third country and
the Republic of Hungary including safeguard regulations on the
enforcement right of data subjects arising from Article 11, on
securing the right of legal remedy and on the independent control of
data processing and technical data processing, or
c) the data
controller or technical data processor in the third country proves
by introducing the rules of data processing and technical data
processing, that the protection of personal data is adequately
ensured during the data processing and technical data processing, in
particular when he performs the data processing or technical data
processing according to the legal act of the Commission of the
European Union as determined by a separate Act.
(3) Personal data
shall be transferred into third countries in order to implement an
international legal assistance agreement for the purpose and with
the content laid down in the agreement.
(4) Data transfer
to Member States of the European Economic Area shall be considered
as data transfer within the territory of the Republic of Hungary.
Please see the Hungarian Parliamentary Commissioner for Data
Protection and Freedom of Information website for further details on
the statute
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