§ 79 BDSG
Data transfers where appropriate safeguards exist
(1)In the absence of a decision pursuant to Article 36 Subsection (3) of Directive (EU) 2016/680, contrary to Section 78 Subsection (1) No. 2, a transfer shall, subject to the other conditions of Section 78, also be permissible where 1 appropriate safeguards for the protection of personal data are provided in a legally binding instrument or; 2 the controller, having assessed all the circumstances that play a role in the transfer of personal data, has concluded that appropriate safeguards for the protection of personal data exist.
(2)The controller shall document transfers pursuant to Subsection (1) No. 2. The documentation shall contain the date and time of the transfer, the identity of the recipient, the reason for the transfer and the personal data transferred. It shall be made available to the Federal Commissioner upon request.
(3)The controller shall inform the Federal Commissioner at least annually of transfers that have taken place pursuant to an assessment under Subsection (1) No. 2. In the notification, the controller may appropriately categorise the recipients and the purposes of the transfers.