§ 80 BDSG
Data transfers without appropriate safeguards
(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, and in the absence of appropriate safeguards within the meaning of Section 79 Subsection (1), a transfer shall, subject to the other conditions of Section 78, also be permissible where the transfer is necessary 1 to protect the vital interests of a natural person,; 2 to safeguard the legitimate interests of the data subject,; 3 to prevent an immediate and serious threat to public security of a state,; 4 in individual cases for the purposes referred to in Section 45 or; 5 in individual cases for the establishment, exercise or defence of legal claims in connection with the purposes referred to in Section 45.
(2)The controller shall refrain from a transfer under Subsection (1) where the fundamental rights of the data subject outweigh the public interest in the transfer.
(3)Section 79 Subsection (2) shall apply accordingly to transfers under Subsection (1).