LithuaniaGDPR Chapter V and VDAI Article 46(3) Authorization, Cross-Border Transfer from Lithuania
Regulation (EU) 2016/679, Arts. 44-49
In force since .
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 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 Lithuania outside the European Economic Area.NIST Privacy FrameworkCT.PO-P2
- Allow for a VDAI authorization step of up to 20 working days, extendable once by up to 10 working days, where a transfer relies on safeguards that General Data Protection Regulation (GDPR) Article 46(3) makes subject to authorization, such as ad hoc contractual clauses or administrative arrangements.NIST Privacy FrameworkGV.PO-P5
These lines are LexLint's reading of the law's text. Also read by: Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST Privacy Framework
- 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
- Case citation
- Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems, judgment of (Grand Chamber)
- Open questions
- Which Article 46 safeguard may an exporter rely on for a transfer to an importer in a third country whose processing of the data is subject to Regulation (EU) 2016/679 under its Article 3(2), given that Article 1 of Decision 2021/914 covers only importers whose processing is not subject to that Regulation?
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
Transferring personal data of a person in Lithuania 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 15(1) of the Law on Legal Protection of Personal Data, VDAI must give a controller the authorization for an Article 46(3) transfer, or a reasoned written refusal, within 20 working days of receiving all the documents it needs. Under Article 15(2), VDAI can extend that period once by up to 10 working days.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
Page updated .