Abstract
This chapter details how Article 37 LED establishes the framework for appropriate safeguards to
legitimise an international personal data transfer. All international personal data transfers under the
Law Enforcement Directive (LED) have to be based on such a legal basis. Article 37(1) LED notes two
alternatives for appropriate safeguards: a legally binding instrument or self-assessed appropriate
safeguards. The chapter explains that the alternatives for appropriate safeguards can only be used if
there is either no adequacy decision or if the adequacy decision does not cover the intended transfer
due to the logical sequence of the transfer legal bases. It recounts the case of WS v. Bundesrepublik
Deutschland that touched upon the issue of appropriate safeguards under the LED.
legitimise an international personal data transfer. All international personal data transfers under the
Law Enforcement Directive (LED) have to be based on such a legal basis. Article 37(1) LED notes two
alternatives for appropriate safeguards: a legally binding instrument or self-assessed appropriate
safeguards. The chapter explains that the alternatives for appropriate safeguards can only be used if
there is either no adequacy decision or if the adequacy decision does not cover the intended transfer
due to the logical sequence of the transfer legal bases. It recounts the case of WS v. Bundesrepublik
Deutschland that touched upon the issue of appropriate safeguards under the LED.
| Original language | English |
|---|---|
| Title of host publication | The EU Law Enforcement Directive (LED) |
| Subtitle of host publication | A Commentary |
| Editors | Elini Kosta, Franziska Boehm |
| Publisher | Oxford Academic |
| Pages | 563-574 |
| Number of pages | 12 |
| ISBN (Print) | 9780192855220 |
| DOIs | |
| Publication status | Published - 31 Jan 2024 |