CHAPTER V

Transfers of personal data to third countries or international organisations

Derogations for specific situations
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).
2
Personal data shall not be transferred if the transferring competent authority determines that fundamental rights and freedoms of the data subject concerned override the public interest in the transfer set out in points (d) and (e) of paragraph 1.
3
Where a transfer is based on paragraph 1, such a transfer shall be documented and the documentation shall be made available to the supervisory authority on request, including the date and time of the transfer, information about the receiving competent authority, the justification for the transfer and the personal data transferred.