Any transfer of personal data which are undergoing processing or are intended for processing after transfer to a third country or to an international organisation shall take place only if, subject to the other provisions of this Regulation, the conditions laid down in this Chapter are complied with by the controller and processor, including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation. All provisions in this Chapter shall be applied in order to ensure that the level of protection of natural persons guaranteed by this Regulation is not undermined.
Article 44
General principle for transfers
Common Questions
Frequently Asked Questions
When does Article 44 apply to a data transfer?
It applies to any transfer of personal data to a third country or to an international organisation, where the data are undergoing processing or are intended for processing after the transfer. Such a transfer may only take place if the conditions laid down in this Chapter are complied with, subject to the other provisions of the Regulation. Both the controller and the processor must comply with those conditions.
Does Article 44 also cover onward transfers of personal data?
Yes. The conditions of this Chapter apply including for onward transfers of personal data from the third country or an international organisation to another third country or to another international organisation. So the requirement does not stop at the first recipient: passing the data further on is covered by the same rule.
What is the purpose of the general principle in Article 44?
All provisions in this Chapter must be applied in order to ensure that the level of protection of natural persons guaranteed by the Regulation is not undermined. In other words, moving personal data outside the EU framework must not become a way to weaken the protection people are entitled to under the Regulation.