RomaniaGDPR Chapter V, Cross-Border Transfer Restrictions
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 an adequacy decision, Standard Contractual Clauses, Binding Corporate Rules, or a narrow Article 49 derogation before moving personal data of a person in Romania outside the EEA.
These lines are LexLint's reading of the law's text. Also read by: Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP) (guidance, recorded ); Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems, judgment of (Grand Chamber) (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.dataprotection.ro/servlet/ViewDocument?id=1650
- Case citation
- Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems, judgment of (Grand Chamber)
- Guidance body
- Autoritatea Națională de Supraveghere a Prelucrării Datelor cu Caracter Personal (ANSPDCP)
- Open questions
- Does the derogation in Article 7 of Legea nr. 190/2018 from Chapter V of the GDPR allow a controller processing for journalistic purposes to transfer to a third country, without an adequacy decision or safeguards, data that the person made manifestly public or that is closely tied to the person's public standing ('strâns legate de calitatea de persoană publică')?
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, appropriate safeguards, or a narrow Article 49 derogation, backed by the Article 83(5)(c) top fine tier. Article 1 of Law 190/2018 names the General Data Protection Regulation (GDPR) provisions the Act mainly implements, and none of them is a transfer rule (Articles 44 to 49), so the transfer rules apply directly except where Article 7 of the Act provides otherwise.
Article 7 of Law 190/2018 lets processing for journalistic purposes, or for academic, artistic or literary expression, derogate from Chapter V of the GDPR, which holds the transfer rules, where it concerns data the person has made manifestly public or data closely tied to the person's public standing.
When LexLint raises it
When your app profile says your app processes personal data.
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Page updated .