§ 65 BlnDSG
Data Transmission Subject to Appropriate Safeguards
(1)Where, contrary to Section 64(1) no. 2, no decision pursuant to Article 36(3) of Directive (EU) 2016/680 exists, a transmission shall also be permissible, where the other conditions of Section 64 are met, where 1. appropriate safeguards for the protection of personal data are provided for in a legally binding instrument, or 2. the controller, after assessing all the circumstances surrounding the transmission, has concluded that appropriate safeguards for the protection of personal data exist.
(2)The controller shall document transmissions pursuant to paragraph 1 no. 2. The documentation shall contain the date of the transmission, the identity of the recipient, the reason for the transmission and the personal data transmitted. It shall be made available to the Berlin Commissioner for Data Protection and Freedom of Information upon request.
(3)The controller shall inform the Berlin Commissioner for Data Protection and Freedom of Information annually of transmissions that have been made on the basis of an assessment pursuant to paragraph 1 no. 2. In the notification, the controller may appropriately categorise the recipients and the transmission purposes. zur Einzelansicht § 65