§ 63 DSG NRW
Data transfer subject to appropriate safeguards
(1)Where, contrary to Section 62(1), number 2, no decision pursuant to Article 36(3) of Directive (EU) 2016/680 exists, a transmission shall also be permissible, provided the other conditions of Section 59 are met, where
(2)1. appropriate safeguards for the protection of personal data are provided in a legally binding instrument, or
(3)2. the controller, having assessed all the circumstances surrounding the transfer, has concluded that appropriate safeguards exist for the protection of personal data.
(4)The controller shall document transmissions pursuant to paragraph 1, number 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 State Commissioner for Data Protection and Freedom of Information upon request.
(5)The controller shall inform the State Commissioner for Data Protection and Freedom of Information at least annually about transmissions that have taken place on the basis of an assessment pursuant to paragraph 1, number 2. In the notification, the controller may categorise recipients and transmission purposes appropriately.