§ 74 HDSIG
Data Transfer Subject to Appropriate Safeguards
(1)Where, contrary to § 73 para. 1 no. 2, no decision pursuant to Art. 36 para. 3 of Directive (EU) No 2016/680 exists, a transfer shall also be permissible, where the other conditions of § 73 are met, if 1. appropriate safeguards for the protection of personal data are provided for in a legally binding instrument, or 2. the controller, after assessment of all circumstances relevant to the transfer, has concluded that appropriate safeguards for the protection of personal data exist.
(2)The controller shall document transfers pursuant to para. 1 no. 2. The documentation shall contain the date of the transfer, information on the receiving competent authority, the justification of the transfer and the personal data transferred. It shall be made available to the Hessian Data Protection Commissioner upon request.
(3)The controller shall inform the Hessian Data Protection Commissioner at least annually of transfers made on the basis of an assessment pursuant to para. 1 no. 2. In doing so, the controller may appropriately categorise the recipients and the transfer purposes. zur Einzelansicht § 74