# Derogations for specific situations 49(1) — GDPR — provision context

> Focused context for a single provision (49(1)), curated from overview.legal on 2026-08-22. Canonical: https://overview.legal/laws/gdpr/art-49#par-1
> Verify against the official text (EUR-Lex / wetten.overheid.nl) before relying on it.

Part of **Derogations for specific situations** (GDPR, full article: https://overview.legal/laws/gdpr/art-49).

## Provision text

### 49(1)

In the absence of an adequacy decision pursuant to Article 45(3), or of appropriate safeguards pursuant to Article 46, including binding corporate rules, a transfer or a set of transfers of personal data to a third country or an international organisation shall take place only on one of the following conditions:

a) the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
b) the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject's request;
c) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
d) the transfer is necessary for important reasons of public interest;
e) the transfer is necessary for the establishment, exercise or defence of legal claims;
f) the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent;
g) the transfer is made from a register which according to Union or Member State law is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, but only to the extent that the conditions laid down by Union or Member State law for consultation are fulfilled in the particular case.
- Where a transfer could not be based on a provision in Article 45 or 46, including the provisions on binding corporate rules, and none of the derogations for a specific situation referred to in the first subparagraph of this paragraph is applicable, a transfer to a third country or an international organisation may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. The controller shall inform the supervisory authority of the transfer. The controller shall, in addition to providing the information referred to in Articles 13 and 14, inform the data subject of the transfer and on the compelling legitimate interests pursued.

## Topics on this provision

- **Controllers** — https://overview.legal/topics/controllers
  Entities that determine purposes and means of processing
- **Lawful Basis** — https://overview.legal/topics/lawful-basis-article-6
  This topic is essential as Article 6 GDPR provides the specific legal bases that determine whether processing is lawful, which is the core requirement of the 'L
- **Legitimate Interest** — https://overview.legal/topics/gerechtvaardigd-belang
  Processing necessary for legitimate interests pursued by controller or third party
- **Supervisory Authorities** — https://overview.legal/topics/supervisory-authorities
  National data protection authorities and their powers
- **Supervision** — https://overview.legal/topics/toezicht
  Oversight and enforcement by supervisory authorities

## Cited by (exact-provision citations)

- **Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t** (case-law) — https://overview.legal/posts/132286
- **Order of the Vice-President of the Court of 21 April 2023.#European Commission v Republic of Poland.#Interim relief – Article 163 of the Rules of Procedure of the Court of Justice – Application to cancel or vary an order for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Non-execution – Change in circumstances – Periodic penalty payment.#Case C-204/21 R-** (case-law) — https://overview.legal/posts/132291
- **Order of the Vice-President of the Court of 27 October 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of questions of law concerning the lack of independence of judges – Periodic penalty payment.#Case C-204/21 R** (case-law) — https://overview.legal/posts/132320
- **Spanish court reviews DPA decision on KFC Spain website privacy information and DPO** (case-law) — https://overview.legal/posts/184690
- **Order of the Vice-President of the Court of 14 July 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of quest** (case-law) — https://overview.legal/posts/132321
- **Judgment of the Court (Grand Chamber) of 10 February 2026.#WhatsApp Ireland Ltd v European Data Protection Board.#Appeal – Protection of natural persons with regard to the processing of personal data – Regulation (EU) 2016/679 – Article 63 – Consistency mechanism – Article 65 – Dispute resolution by the European Data Protection Board – Binding decision – Action for annulment – First paragraph of Article 263 TFEU – Act open to challenge – Fourth paragraph of Article 263 TFEU – Condition that the** (case-law) — https://overview.legal/posts/132126
- **Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t** ¶37 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132286
- **Judgment of the Court (Grand Chamber) of 21 June 2022.#Ligue des droits humains ASBL v Conseil des ministres.#Request for a preliminary ruling from the Cour constitutionnelle.#Reference for a preliminary ruling – Processing of personal data – Passenger Name Record (PNR) data – Regulation (EU) 2016/679 – Article 2(2)(d) – Scope – Directive (EU) 2016/681 – Use of PNR data of air passengers of flights operated between the European Union and third countries – Power to include data of air passengers** ¶146 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132311
- **Order of the Vice-President of the Court of 14 July 2021.#European Commission v Republic of Poland.#Interim relief – Article 279 TFEU – Application for interim measures – Second subparagraph of Article 19(1) TEU – Independence of the Izba Dyscyplinarna (Disciplinary Chamber) of the Sąd Najwyższy (Supreme Court, Poland) – Charter of Fundamental Rights of the European Union – Article 47 – Effective judicial protection – Independence of judges – Disciplinary regime for judges – Examination of quest** ¶22 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132321
- **Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t** ¶105 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132286
- **Judgment of the Court (Grand Chamber) of 5 June 2023.#European Commission v Republic of Poland.#Failure of a Member State to fulfil obligations – Second subparagraph of Article 19(1) TEU – Article 47 of the Charter of Fundamental Rights of the European Union ‐ Rule of law – Effective legal protection in the fields covered by EU law – Independence of judges – Article 267 TFEU – Possibility of making a reference to the Court for a preliminary ruling – Primacy of EU law – Jurisdiction in relation t** ¶41 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132286
- **Judgment of the Court (First Chamber) of 18 December 2025.#Integritetsskyddsmyndigheten v AB Storstockholms Lokaltrafik.#Request for a preliminary ruling from the Högsta förvaltningsdomstolen.#Reference for a preliminary ruling – Protection of personal data – Regulation (EU) 2016/679 – Articles 13 and 14 – Scope – Personal data collected by means of body cameras worn by ticket inspectors on public transport – Legal basis for the obligation on the data controller to provide information to the dat** ¶7 (case-law, Court of Justice of the European Union) — https://overview.legal/posts/132128

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Generated by overview.legal · https://overview.legal/laws/gdpr/art-49#par-1 · 2026-08-22