§ 81 BDSG
Other data transfers to recipients in third countries
(1)Where the other conditions applicable to data transfers to third countries are met, controllers may, in a particular individual case, directly transfer personal data to bodies in third countries other than those referred to in Section 78 Subsection (1) No. 1, where the transfer is absolutely necessary for the performance of their tasks and 1 in the specific case, no fundamental rights of the data subject outweigh the public interest in a transfer,; 2 the transfer to the bodies referred to in Section 78 Subsection (1) No. 1 would be ineffective or inappropriate, in particular because it cannot be carried out in time, and; 3 the controller communicates to the recipient the purposes of the processing and points out that the transferred data may be processed only to the extent to which their processing is necessary for those purposes.
(2)In the case of Subsection (1), the controller shall notify the bodies referred to in Section 78 Subsection (1) No. 1 of the transfer without delay, unless this would be ineffective or inappropriate.
(3)Section 79 Subsections (2) and (3) shall apply accordingly to transfers under Subsection (1).
(4)In the case of transfers under Subsection (1), the controller shall oblige the recipient to process the transferred personal data only for the purpose for which they were transferred, without the controller's consent.
(5)Agreements in the area of judicial cooperation in criminal matters and police cooperation shall remain unaffected.