What Needs to be Done Prior to Shipping

Transfer of Personal Data to a Third Country

Article 47

1. The transfer of personal data to a third country may take place only, if the country of destination ensures at least the same level of personal data protection in its territory as that in force in the territory of the Republic of Poland.

2. The provision of paragraph 1 above shall not apply to the transfer of personal data required by legal provisions or by the provisions of any ratified international agreement.

3. Nevertheless the controller may transfer the personal data to a third country provided that:

1) the data subject has given his/her written consent,

2) the transfer is necessary for the performance of a contract between the data subject and the controller or takes place in response to the data subject's request,

3) the transfer is necessary for the performance of a contract concluded in the interests of the data subject between the controller and another subject,

4) the transfer is necessary or required by reasons of public interests or for the establishment of legal claims,

5) the transfer is necessary in order to protect the vital interests of the data subject,

6) the transfer relates to data which is publicly available.

Article 48

In cases other than those referred to in Article 47 paragraph 2 and 3 the transfer of personal data to a third country which does not ensure at least the same level of personal data protection as that in force in the territory of the Republic of Poland, may take place subject to a prior consent of the Inspector General, provided that the controller ensures adequate safeguards with respect to the protection of privacy, rights and freedoms of the data subject.

Please see the Generalny Inspektor Ochrony Danych Osobowych website for further details on the statute