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Section 42 (Data Flows in the EU)

1. The provisions of this Code shall not be applied in such a way as to restrict or prohibit the free movement of personal data among EU Member States, subject to the taking of measures under this Code in case data are transferred in order to escape application of said provisions.

Section 43 (Permitted Data Transfers to Third Countries)

1. Personal data that is the subject of processing may be transferred from the State's territory to countries outside the European Union, temporarily or not and in any form and by any means whatsoever,

a) if the data subject has given his/her consent either expressly or, where the transfer concerns sensitive data, in writing;

b) if the transfer is necessary for the performance of obligations resulting from a contract to which the data subject is a party, or to take steps at the data subject's request prior to entering into a contract, or for the conclusion or performance of a contract made in the interest of the data subject;

c) if the transfer is necessary for safeguarding a substantial public interest that is referred to by laws or regulations, or else that is specified in pursuance of Sections 20 and 21 where the transfer concerns sensitive or judicial data;

d) if the transfer is necessary to safeguard a third party's life or bodily integrity. If this

purpose concerns the data subject and the latter cannot give his/her consent because (s)he is physically unable to do so, legally incapable or unable to distinguish right and wrong, the consent shall be given by the entity legally representing the data subject, or else by a next of kin, a family member, a person cohabiting with the data subject or, failing these, the manager of the institution where the data subject is hosted. Section 82(2) shall apply;

e) if the transfer is necessary for carrying out the investigations by defence counsel referred to in Act no. 397 of 07.12.2000, or else to establish or defend a legal claim, provided that the data are transferred exclusively for said purposes and for no longer than is necessary therefore in compliance with the legislation in force applying to business and industrial secrecy;

f) if the transfer is carried out in response to a request for access to administrative records or for information contained in a publicly available register, list, record or document, in compliance with the provisions applying to this subject-matter;

g) if the transfer is necessary, pursuant to the relevant codes of conduct referred to in Annex A), exclusively for scientific or statistical purposes, or else exclusively for historical purposes, in connection with private archives that have been declared to be of considerable historical interest under Section 6(2) of legislative decree no. 490 of 29 October 1999, enacted to adopt the consolidated statute on cultural and environmental heritage, or else in connection with other private archives pursuant to the provisions made in said codes;

h) if the processing concerns data relating to legal persons, bodies or associations.

Please refer to the website of the Garante per la protezione dei dati personali for further details on the statute