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Version status: Entered into force | Document consolidation status: No known changes
Version date: 5 May 2016 - onwards
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Article 38 Derogations for specific situations

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

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