SlovakiaGDPR 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 Slovakia outside the EEA.
These lines are LexLint's reading of the law's text. Also read by: Úrad na ochranu osobných údajov Slovenskej republiky (Office for Personal Data Protection of the Slovak Republic) (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://dataprotection.gov.sk/sk/prevadzkovatelia/prenos-osobnych-udajov/prenos-do-tretich-krajin-medzinarodnej-organizacii-nezarucujucich-primeranu-uroven-ochrany/
- Case citation
- Case C-311/18 Data Protection Commissioner v Facebook Ireland and Schrems, judgment of (Grand Chamber)
- Guidance body
- Úrad na ochranu osobných údajov Slovenskej republiky (Office for Personal Data Protection of the Slovak Republic)
- Open questions
- Which supplementary measures must an exporter adopt when a transfer tool cannot provide the level of protection required by Union law in the third country?
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. Section 51(3) of Act No. 18/2018 Coll. restates the duty for a transfer under section 51(2), and section 37(4) requires the records of processing activities to be made available to the Office on request.
- 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. Section 48(1) and (2) of Act No. 18/2018 Coll. allow a transfer to a third country where the Commission has decided that it ensures an adequate level of protection, and otherwise only where appropriate safeguards are provided.
Section 48(4) adds that safeguards may also rest on contractual clauses between the controller or processor and a recipient in the third country, on the authorisation of the Office. Section 51(1) allows a transfer with neither only in the listed special situations, such as the data subject's explicit consent after being told of the risks.
When LexLint raises it
When your app profile says your app processes personal data.
Back to the example · Lint your app
Page updated .