Article 38 › 1

In the absence of an adequacy decision pursuant to Article 36, or of appropriate safeguards pursuant to Article 37, Member States shall provide that a transfer or a category of transfers of personal data to a third country or an international organisation may take place only on the condition that the transfer is necessary: (a) in order to protect the vital interests of the data subject or another person; (b) to safeguard legitimate interests of the data subject, where the law of the Member State transferring the personal data so provides; (c) for the prevention of an immediate and serious threat to public security of a Member State or a third country; (d) in individual cases for the purposes set out in Article 1(1); or (e) in an individual case for the establishment, exercise or defence of legal claims relating to the purposes set out in Article 1(1).

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

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Source: EUR-Lex CELLAR · retrieved 2026-08-27