# Transfers on the basis of an adequacy decision 45(2) — GDPR — provision context

> Focused context for a single provision (45(2)), curated from overview.legal on 2026-08-22. Canonical: https://overview.legal/laws/gdpr/art-45#par-2
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Transfers on the basis of an adequacy decision** (GDPR, full article: https://overview.legal/laws/gdpr/art-45).

## Provision text

### 45(2)

When assessing the adequacy of the level of protection, the Commission shall, in particular, take account of the following elements:

a) the rule of law, respect for human rights and fundamental freedoms, relevant legislation, both general and sectoral, including concerning public security, defence, national security and criminal law and the access of public authorities to personal data, as well as the implementation of such legislation, data protection rules, professional rules and security measures, including rules for the onward transfer of personal data to another third country or international organisation which are complied with in that country or international organisation, case-law, as well as effective and enforceable data subject rights and effective administrative and judicial redress for the data subjects whose personal data are being transferred;
b) the existence and effective functioning of one or more independent supervisory authorities in the third country or to which an international organisation is subject, with responsibility for ensuring and enforcing compliance with the data protection rules, including adequate enforcement powers, for assisting and advising the data subjects in exercising their rights and for cooperation with the supervisory authorities of the Member States; and
c) the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data.

## Cited by (exact-provision citations)

- **Judgment of the Court (Grand Chamber), 8 April 2014.#European Commission v Hungary.#Failure of a Member State to fulfil obligations — Directive 95/46/EC — Protection of individuals with regard to the processing of personal data and the free movement of such data — Article 28(1) — National supervisory authorities — Independence — National legislation prematurely bringing to an end the term served by the supervisory authority — Creation of a new supervisory authority and appointment of another per** (case-law) — https://overview.legal/posts/132371
- **Judgment of the Court (Fourth Chamber) of 27 October 2022.#Proximus NV v Gegevensbeschermingsautoriteit.#Request for a preliminary ruling from the Hof van beroep te Brussel.#Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public telephone directories and directory enquiry services – Subscriber’s consent – Obligations of the provider of directories and of directory enquiry serv** (case-law) — https://overview.legal/posts/132304
- **Judgment of the General Court (Tenth Chamber, Extended Composition) of 3 September 2025.#Philippe Latombe v European Commission.#Transfer of personal data to the United States – Commission Implementing Decision on the adequate level of protection of personal data ensured by the United States – Right to an effective remedy – Right to private and family life – Decisions based solely on the automated processing of personal data – Security of the processing of personal data.#Case T-553/23.** (case-law) — https://overview.legal/posts/132137
- **Judgment of the Court (Fifth Chamber) of 8 December 2022.#VS v Inspektor v Inspektorata kam Visshia sadeben savet.#Request for a preliminary ruling from the Administrativen sad - Blagoevgrad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 2, 4 and 6 – Applicability of Regulation 2016/679 – Concept of ‘legitimate interest’ – Concept of ‘task carried out in the public interest or in the exercis** (case-law) — https://overview.legal/posts/132300
- **Judgment of the General Court (Tenth Chamber, Extended Composition) of 3 September 2025.#Philippe Latombe v European Commission.#Transfer of personal data to the United States – Commission Implementing Decision on the adequate level of protection of personal data ensured by the United States – Right to an effective remedy – Right to private and family life – Decisions based solely on the automated processing of personal data – Security of the processing of personal data.#Case T-553/23.** ¶24 (case-law, General Court) — https://overview.legal/posts/132137
- **Judgment of the General Court (Tenth Chamber, Extended Composition) of 3 September 2025.#Philippe Latombe v European Commission.#Transfer of personal data to the United States – Commission Implementing Decision on the adequate level of protection of personal data ensured by the United States – Right to an effective remedy – Right to private and family life – Decisions based solely on the automated processing of personal data – Security of the processing of personal data.#Case T-553/23.** ¶16 (case-law, General Court) — https://overview.legal/posts/132137
- **Judgment of the General Court (Tenth Chamber, Extended Composition) of 3 September 2025.#Philippe Latombe v European Commission.#Transfer of personal data to the United States – Commission Implementing Decision on the adequate level of protection of personal data ensured by the United States – Right to an effective remedy – Right to private and family life – Decisions based solely on the automated processing of personal data – Security of the processing of personal data.#Case T-553/23.** ¶6 (case-law, General Court) — https://overview.legal/posts/132137
- **Judgment of the Court (Grand Chamber), 8 April 2014.#European Commission v Hungary.#Failure of a Member State to fulfil obligations — Directive 95/46/EC — Protection of individuals with regard to the processing of personal data and the free movement of such data — Article 28(1) — National supervisory authorities — Independence — National legislation prematurely bringing to an end the term served by the supervisory authority — Creation of a new supervisory authority and appointment of another per** ¶17 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132371
- **Judgment of the Court (Fourth Chamber) of 27 October 2022.#Proximus NV v Gegevensbeschermingsautoriteit.#Request for a preliminary ruling from the Hof van beroep te Brussel.#Reference for a preliminary ruling – Processing of personal data and protection of privacy in the electronic communications sector – Directive 2002/58/EC – Article 12 – Public telephone directories and directory enquiry services – Subscriber’s consent – Obligations of the provider of directories and of directory enquiry serv** ¶20 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132304
- **Judgment of the Court (Fifth Chamber) of 8 December 2022.#VS v Inspektor v Inspektorata kam Visshia sadeben savet.#Request for a preliminary ruling from the Administrativen sad - Blagoevgrad.#Reference for a preliminary ruling – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Articles 2, 4 and 6 – Applicability of Regulation 2016/679 – Concept of ‘legitimate interest’ – Concept of ‘task carried out in the public interest or in the exercis** ¶21 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132300
- **Judgment of the General Court (Tenth Chamber, Extended Composition) of 3 September 2025.#Philippe Latombe v European Commission.#Transfer of personal data to the United States – Commission Implementing Decision on the adequate level of protection of personal data ensured by the United States – Right to an effective remedy – Right to private and family life – Decisions based solely on the automated processing of personal data – Security of the processing of personal data.#Case T-553/23.** ¶188 (case-law, General Court) — https://overview.legal/posts/132137
- **Judgment of the General Court (Tenth Chamber, Extended Composition) of 3 September 2025.#Philippe Latombe v European Commission.#Transfer of personal data to the United States – Commission Implementing Decision on the adequate level of protection of personal data ensured by the United States – Right to an effective remedy – Right to private and family life – Decisions based solely on the automated processing of personal data – Security of the processing of personal data.#Case T-553/23.** ¶31 (case-law, General Court) — https://overview.legal/posts/132137

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-45#par-2 · 2026-08-22