art_89__para_3

3. In the absence of an international agreement as referred to in paragraph 2, where a digital health authority, a health data access body or a health data user is the addressee of a decision or judgment of a third-country court or tribunal or of a decision of a third-country administrative authority requiring them to transfer or to give access to non-personal data within the scope of this Regulation held in the Union, and compliance with such a decision or judgment would risk putting the addressee in conflict with Union law or with the national law of the relevant Member State, the transfer to, or accessing of such data by, that third-country court, tribunal or administrative authority shall only take place or be provided where: the third-country legal system requires the reasons and proportionality of such a decision or judgment to be set out and requires such a decision or judgment to be specific in character, for instance by establishing a sufficient link to certain suspected persons or infringements; the reasoned objection of the addressee is subject to a review by a competent third-country court or tribunal; and the competent third-country court or tribunal issuing the decision or judgment or reviewing the decision of an administrative authority is empowered by the national law of the third country to take duly into account the relevant legal interests of the provider of the data protected under Union law or the national law of the relevant Member State.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-15 · Text as adopted (Official Journal); later amendments are not incorporated in this text.