International agreements involving the transfer of personal data to third countries or international organisations which were concluded by Member States prior to 24 May 2016, and which comply with Union law as applicable prior to that date, shall remain in force until amended, replaced or revoked.
Article 96
Relationship with previously concluded Agreements
Common Questions
Frequently Asked Questions
Which agreements does Article 96 apply to?
Article 96 applies to international agreements involving the transfer of personal data to third countries or international organisations, where those agreements were concluded by Member States prior to 24 May 2016.
It sits in the GDPR's final provisions and answers one practical question: what happens to those pre-existing agreements under the Regulation.
What conditions must a pre-2016 agreement meet to stay in force?
The article sets two conditions. The agreement must have been concluded by a Member State prior to 24 May 2016, and it must comply with Union law as applicable prior to that date. If both hold, the agreement remains in force.
How long do these older agreements remain valid?
They remain in force until amended, replaced or revoked. Article 96 sets no expiry date and no deadline for renegotiation, so a compliant pre-2016 agreement simply keeps applying until one of those three events occurs.