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Transfer of personal data in the European Union

Article 18 - Principle

Without prejudice to the tax or customs decisions of the Community, personal data may move freely between Member States of the European Union.

Transfer of personal data outside the European Union

Article 19 - Principles

1 - Without prejudice to the following Article, the transfer to a State which is not a member of the European Union of personal data which is undergoing processing or intended for processing may only take place subject to compliance with this Act and provided the State to which they are transferred ensures an adequate level of protection.

2 – The adequacy of the level of protection of a State which is not a member of the European Union shall be assessed in the light of all the circumstances surrounding a data transfer operation or set of data transfer operations; particular consideration shall be given to the nature of the data, the purpose and duration of the proposed processing operation or operations, the country of origin and country of final destination, the rules of law, both general and sectoral, in force in the State in question and the professional rules and security measures which are complied with in that country.

3 – It is for the CNPD to decide whether a State which is not a member of the European Union ensures an adequate level of protection.

4 – By means of the Ministry of Foreign Affairs the CNPD shall inform the European Commission of cases where it considers that a State does not ensure an adequate level of protection.

5 – The transfer of personal data identical to those the European Commission has considered do not enjoy adequate protection in the State to which they are to be sent shall be prohibited.

Please see the CNPD website for further details on the statute