§ 81 Other data transfers to recipients in third countries

  1. In special individual cases and if all other requirements for data transfers to third countries are met, controllers may transfer personal data directly to recipients in third countries not referred to in Section 78 (1) no. 1 if the transfer is strictly necessary for the performance of their tasks and
    1. in the specific case no fundamental rights of the data subject override the public interest in the transfer;
    2. transfer to the bodies referred to in Section 78 (1) no. 1 would be ineffective or inappropriate, in particular because the transfer cannot be carried out in time; and
    3. the controller informs the recipient of the purposes of processing and instructs the recipient that the transferred data may be processed only to the extent necessary for these purposes.
  2. In the case of subsection 1, the controller shall inform the bodies referred to in Section 78 (1) no. 1 of the transfer without delay, unless this is ineffective or inappropriate.
  3. Section 79 (2) and (3) shall apply accordingly to transfers pursuant to subsection 1.
  4. In the case of transfers pursuant to subsection 1, the transmitting controller shall obligate the recipient to process the transferred personal data without the controller’s consent only for the purpose for which they were transferred.
  5. Agreements in the field of judicial cooperation in criminal matters and police cooperation shall remain unaffected.

Content of the FDPA (new)

Part 1 – Common provisions (§§ 1 - 21)

Part 2 – Implementing provisions for processing for purposes in accordance with Article 2 of Regulation (EU) 2016/679 (§§ 22-44)

Chapter 1 – Legal basis for processing personal data
Sub-chapter 1 – Processing of special categories of personal data and processing for other purposes

Sub-chapter 2 – Special processing situations

Chapter 2 – Rights of the data subject

Chapter 3 – Obligations of controllers and processors

Chapter 4 – Supervisory authorities for data processing by private bodies

Chapter 5 – Penalties

Chapter 6 – Legal remedies

Part 3 – Implementing provisions for processing for purposes in accordance with Article 1 (1) of Directive (EU) 2016/680 (§§ 45-84)

Chapter 1 – Scope, definitions and general principles for processing personal data

Chapter 2 – Legal basis for processing personal data

Chapter 3 – Rights of the data subject

Chapter 4 – Obligations of controllers and processors

Chapter 6 – Cooperation among supervisory authorities

Chapter 7 – Liability and penalties

Part 4 – Special provisions for processing in the context of activities outside the scope of Regulation (EU) 2016/679 und Directive (EU) 2016/680 (§ 85)