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LDSG SH — Table of Contents

§ 56 LDSG SH

Data transfer in the absence of appropriate safeguards

(1)Where, contrary to § 54(1) number 2, no decision pursuant to Article 36(3) of Directive (EU) 2016/680 has been adopted and no appropriate safeguards within the meaning of § 55(1) exist, a transfer shall also be lawful where the other conditions of § 54 are met if the transfer is necessary 1. to protect the vital interests of a natural person, 2. to safeguard the legitimate interests of the data subject, 3. to avert a present and substantial danger to the public security of a State, 4. in individual cases for the purposes referred to in § 20, or 5. in individual cases for the establishment, exercise or defence of legal claims in connection with the purposes referred to in § 20.
(2)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.
(3)§ 55(2) and (3) shall apply mutatis mutandis to transfers pursuant to paragraph 1.
Source:
https://www.gesetze-rechtsprechung.sh.juris.de/bssh/document/jlr-DSGSHrahmen
Citation:
GVOBl. SH 2018 S. 162
As of:
2024-01-01
Retrieved:
2026-02-28