SloveniaGDPR 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 Slovenia outside the EEA.
These lines are LexLint's reading of the law's text. Also read by: Informacijski pooblaščenec (Information Commissioner of Slovenia) (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.ip-rs.si/varstvo-osebnih-podatkov/obveznosti-upravljavcev/prenos-osebnih-podatkov-v-tretje-države-in-mednarodne-organizacije/
- Case citation
- Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems, judgment of (Grand Chamber)
- Guidance body
- Informacijski pooblaščenec (Information Commissioner of Slovenia)
- Open questions
- Does the ban in Article 23(4) of ZVOP-2 on keeping the listed data collections outside the territory of Slovenia ('izven ozemlja Republike Slovenije') reach storage in another Member State of the European Union?
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. ZVOP-2 Article 23(4), which bars keeping some data collections outside Slovenia, sets no record duty.
- 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.
Separately, ZVOP-2 Article 23(4) bars keeping outside the territory of Slovenia the data collections of the information systems named in Article 23(1), point 1, which process data under the laws on administrative internal affairs, the financial administration, citizenship, the intelligence and security agency, defense, health care, compulsory health insurance, rights from public funds, and criminal and misdemeanor records.
Article 98(1) fines a legal person that keeps them abroad EUR 4,000 to 12,000, or EUR 8,000 to 36,000 where it is a medium-sized or large company.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
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