SpainLOPDGDD Título VI, International Transfers, Layered on GDPR Chapter V
Regulation (EU) 2016/679, Arts. 44-49; LOPDGDD, Arts. 40-43, 72.1(l)
In force since , effective .
A cross border transfer rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment, Market targeting, User location, Place of effect
- Audit expectation
- continuous
- Who audits it
- Self
- Where the report goes
- Produced on request
What it requires
- Rely on an adequacy decision, Standard Contractual Clauses, Binding Corporate Rules, or a narrow Article 49 derogation before moving personal data of a person in Spain outside the EEA, and check whether LOPDGDD Articles 41-43 require AEPD authorization or prior notice for the specific transfer.
These lines are LexLint's reading of the law's text. Also read by: Agencia Española de Protección de Datos (the Spanish Data Protection Agency) (guidance, recorded ); Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems, judgment of the Court of Justice (Grand Chamber) of (recorded ).
In the frameworks
- NIST Privacy Framework
- 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. 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.aepd.es/derechos-y-deberes/cumple-tus-deberes/medidas-de-cumplimiento/transferencias-internacionales
- Case citation
- Case C-311/18 Data Protection Commissioner v Facebook Ireland Ltd and Maximillian Schrems, judgment of the Court of Justice (Grand Chamber) of
- Guidance body
- Agencia Española de Protección de Datos (the Spanish Data Protection Agency)
- Open questions
- Does a transfer under an Article 49 derogation of the GDPR need the AEPD's prior authorization under Article 42(1) of the LOPDGDD, which covers transfers to countries without an adequacy decision that rest on no safeguard in Article 41 or Article 46(2) of the GDPR?
- Does the Commission adequacy decision for the EU-US Data Privacy Framework remain a safe basis for a transfer under Article 45 of the GDPR while the appeal in Case C-703/25 P, Latombe v Commission, against the judgment of the General Court in Case T-553/23 is pending?
What it makes you log
Who may demand the log
Regulator
Logging duty
For a transfer that relies on the compelling legitimate interests derogation, the controller or processor documents its assessment and the suitable safeguards in its Article 30 records.
- Kind
- Explicit
- As of
- Provision
- Regulation (EU) 2016/679, Art. 49(6)
- Trigger
- personal_data_processing
Why the legislator wanted it
- As of
- Quote
- Each controller and processor should be obliged to cooperate with the supervisory authority and make those records, on request, available to it, so that it might serve for monitoring those processing operations.
- Source link
- https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
- Source kind
- Recital
- Purpose
- accountability_demonstration
- regulator_supervision
What this law does
A transfer of personal data outside the EEA requires an adequacy decision, Standard Contractual Clauses, Binding Corporate Rules, or a narrow Article 49 derogation, backed by the Article 83(5) top fine tier. LOPDGDD Titulo VI (Arts. 40-43), confirmed against the article headings, adds a national administrative-procedure layer: cases the AEPD may itself authorize, cases requiring AEPD prior authorization, and cases requiring prior notice to the competent authority.
LOPDGDD Article 72.1(l) separately makes an unauthorized international transfer its own "muy grave" national infraction category.
When LexLint raises it
When your app profile says your app processes personal data.
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