CyprusGDPR Chapter V and Law 125(I)/2018 Articles 17-18, Cross-Border Transfer of Personal Data from Cyprus
Regulation (EU) 2016/679, Arts. 44-49; Law 125(I)/2018, Arts. 17-18
In force since .
A cross border transfer rule binding public and private bodies.
- Audit expectation
- continuous
- Who audits it
- Self
- Where the report goes
- Produced on request
What it requires
- Rely on a European Commission adequacy decision, Standard Contractual Clauses with a transfer impact assessment, Binding Corporate Rules, or a narrow Article 49 derogation before moving personal data of a person in Cyprus outside the European Economic Area.NIST Privacy FrameworkCT.PO-P2
- Before transferring special categories of personal data of a person in Cyprus to a third country on Article 46 safeguards or binding corporate rules, inform the Commissioner of your intention, and before relying on an Article 49 derogation for such a transfer, carry out an impact assessment and consult the Commissioner, under Law 125(I)/2018 Articles 17 and 18.NIST Privacy FrameworkGV.PO-P5NIST Privacy FrameworkID.RA-P4
These lines are LexLint's reading of the law's text. Also read by: Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Office of the Commissioner for Personal Data Protection, Cyprus) (guidance, recorded ); Case C-311/18 Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Schrems II), judgment of the Court of Justice of (Grand Chamber) (recorded ).
In the frameworks
- NIST Privacy Framework
- ID.RA-P4Problematic data actions, likelihoods, and impacts are used to determine and prioritize risk.
- GV.PO-P5Legal, regulatory, and contractual requirements regarding privacy are understood and managed.
- CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62018CJ0311
- Guidance link
- https://www.gov.cy/dataprotection/plirofories-gia-organismoys/diavivasi-dedomenon-se-trites-chores/
- Case citation
- Case C-311/18 Data Protection Commissioner v Facebook Ireland and Maximillian Schrems (Schrems II), judgment of the Court of Justice of (Grand Chamber)
- Guidance body
- Γραφείο Επιτρόπου Προστασίας Δεδομένων Προσωπικού Χαρακτήρα (Office of the Commissioner for Personal Data Protection, Cyprus)
- Open questions
- Does a transfer that relies on the adequacy decision for the EU-U.S. Data Privacy Framework, Commission Implementing Decision (EU) 2023/1795, stay lawful under Article 45 of Regulation (EU) 2016/679 while the appeal in Case C-703/25 P seeks its annulment?
What it makes you log
Who may demand the log
Regulator
Logging duty
Article 49(6) requires a controller or processor that transfers on the compelling-legitimate-interests derogation to document its assessment and the safeguards it supplied in the records of processing kept under Article 30. The documented items are outside the closed list of log contents. Article 18 of Law 125(I)/2018 adds an impact assessment and prior consultation with the Commissioner for special-category transfers on an Article 49 derogation, without saying where the assessment is recorded. Article 47(2)(j) separately requires binding corporate rules to provide for data protection audits.
- Kind
- Explicit
- As of
- Provision
- Article 49(6) (the assessment and safeguards behind a derogation transfer are documented in the Article 30 records)
- Trigger
- personal_data_processing
What this law does
Transferring personal data of a person in Cyprus outside the European Economic Area requires a European Commission adequacy decision, Standard Contractual Clauses, Binding Corporate Rules, or a narrow Article 49 derogation, backed by the Article 83(5) top fine tier. Under Article 17 of Law 125(I)/2018, a controller or processor that intends to transfer special categories of personal data to a third country on Article 46 safeguards or binding corporate rules must first inform the Commissioner.
The Commissioner may impose explicit restrictions on such a transfer for serious reasons of public interest. Under Article 18, a transfer of special categories that relies on an Article 49 derogation requires an impact assessment and prior consultation with the Commissioner.
When LexLint raises it
When your app profile says your app processes personal data.
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