S.L. 586.8 Art. 43Transfers subject to appropriate safeguards.

(1) In the absence of an adequacy decision, a transfer of personal data to a third country or an international organisation may take place where:

(a) appropriate safeguards with regard to the protection of personal data are provided for in a legally binding instrument; or

(b) the controller has assessed all the circumstances surrounding the transfer of personal data and concludes that appropriate safeguards exist with regard to the protection of personal data.

(2) The controller shall inform the Commissioner about categories of transfers under sub-regulation (1)(b).

(3) When a transfer is based on sub-regulation (1)(b), such a transfer shall be documented.

(4) The documentation referred to in sub-regulation (3) shall at least include:

(a) the date and time of the transfer;

(b) information about the recipient;

(c) the justification for the transfer; and

(d) the personal data transferred.

(5) The documentation referred to in sub-regulation (3) shall be made available to the Commissioner on request.