§ 48 NDSG
Exceptions for data transfer in the absence of appropriate safeguards
(1)Where, contrary to § 46(1) number 2, no adequacy decision pursuant to Article 36(3) of Directive (EU) 2016/680 has been adopted and no appropriate safeguards within the meaning of § 47(1) exist, a transfer shall also be lawful where the other conditions of § 46 are met if the transfer is necessary
(2)to protect the vital interests of a natural person,
(3)to safeguard the legitimate interests of the data subject,
(4)to avert a present and substantial danger to the public security of a State,
(5)in individual cases for the purposes referred to in § 23, or
(6)in individual cases for the establishment, exercise or defence of legal claims in connection with the purposes referred to in § 23.
(7)The controller shall refrain from a transfer pursuant to paragraph 1 where the fundamental rights of the data subject outweigh the public interest in the transfer.
(8)§ 47(2) and (3) shall apply mutatis mutandis to transfers pursuant to paragraph 1.