Article 36: Transfers on the basis of an adequacy decision

This chapter reviews the framework contained in Article 36 LED for adequacy decisions, which is one of the mechanisms provided by the Law Enforcement Directive (LED) to justify an international personal data transfer. There are three mechanisms that exist in the system established by the LED: adequacy decisions, appropriate safeguards, and derogations. It explains that adequacy decisions have to be used when they are in place and only in their absence can transfers be based first on appropriate safeguard and second, as a last resort, on derogations. The chapter describes the function of an adequacy decision under the LED, which demonstrates that a certain third country, territory, or specific sector within a third country or an international organisation ensures an adequate level of protection. An adequacy decision under the LED confirms that a third country or international organisation has a level of protection of fundamental rights and freedoms for personal data processing.