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DA.111 Requirement in absence of intl agreement


Art. 27 (3) Data Act (COM Proposal)


"In the absence of such an international agreement, where a provider of data processing services is the addressee of a decision of a court or a tribunal or a decision of an administrative authority of a third country to transfer from or give access to non-personal data within the scope of this Regulation held in the Union and compliance with such a decision would risk putting the addressee in conflict with Union law or with the national law of the relevant Member State, transfer to or access to such data by that third-country authority shall take place only:


(a) where the third-country system requires the reasons and proportionality of the decision or judgement to be set out, and it requires such decision or judgement, as the case may be, to be specific in character, for instance by establishing a sufficient link to certain suspected persons, or infringements;


(b) the reasoned objection of the addressee is subject to a review by a competent court or tribunal in the third-country; and


(c) the competent court or tribunal issuing the decision or judgement or reviewing the decision of an administrative authority is empowered under the law of that country to take duly into account the relevant legal interests of the provider of the data protected by Union law or national law of the relevant Member State."

Winfried Veil
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Last update: 2022-03-21 07:40:03
By: Winfried Veil
Created at: 2022-03-03 11:51:40