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GDPR — Article 48

The article's text

Article 48 Transfers or disclosures not authorised by Union law Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter.

Who wrote about this article in the consultations

Filers who named this exact article number in their own text. It is their sentence, not our reading — and not a causal claim.

4
business association
2
company
1
NGO
1
ACADEMIC_RESEARCH_INSTITTUTION
WhoCountryWhat they wrote
Van Bael & BellisBEcompliance with a proof of infringement could be argued to be contrary to the presumption of innocence and the right to defence (Article 48 CFR), which, in turn, could result in lengthy and inefficient enforcement proceedings and legal uncertainty. It follows ↗
Republiková únia zamestnávateľovSKhorities have taken an expansive interpretation of the GDPR, going beyond the intent of the EU legislators. For example, although Article 48 of the GDPR clearly states it applies without prejudice to other legal grounds in Chapter V, it has been interpreted ex ↗
ZKI e.V.DEBündgens IBAN: DE73 1203 0000 0002 0681 20 SWIFT BIC: BYLADEM1001 Dr. Karl Molter 2/9 Im Hinblick auf Art. 48 DSGVO, der die Übermittlung personenbezogener Daten beispielsweise an ausländische Sicherheitsbehörden erlaubt, steht der Abschluss weiterer internati ↗
Confederation of Industry of the Czech RepublicCZhorities have taken an expansive interpretation of the GDPR, going beyond the intent of the EU legislators. For example, although Article 48 of the GDPR clearly states it applies without prejudice to other legal grounds in Chapter V, it has been interpreted ex ↗
ITI - Information Technology Industry CouncilUSe fundamental right of good administration (Article 41 of the Charter of Fundamental Rights of the EU) and the rights of defence (Article 48 of the Charter) of the investigated parties. 2.3. Correspondence and exchange of views between the LSA and CSAs, as wel ↗
American Chamber of Commerce to the EU (AmCham EU)BEir, appropriate, efficient and consistent application. 1 Eg rights directly benefitting controllers such as the right of defence (Article 48 of the Charter) and also rights for which controllers could be the guardians, as when ensuring the freedom of expressio ↗
Information Technology and Innovation Foundation (ITIF)USact of the U.S. CLOUD Act on the legal framework for the protection of personal data in the EU.62 The institutions point out that Article 48 of GDPR requires that any order from a non-EU authority requiring the transfer of personal data outside the EU must be ↗
Federation of Austrian Industries (Industriellenvereinigung)ATe a court order from a third country does not constitute a valid legal basis for the transfer of personal data in accordance with Art 48 GDPR. ↗

Source: public consultation submissions and position papers. n = 8 mentions; counted as a literal reference to the article number.

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