§ GDPR · Article 45

GDPR Article 45: Obligations, Deadlines & Penalties

Regulation (EU) 2016/679, Article 45 · All obligations · GDPR
At a glance
Article 45 of the GDPR imposes 7 obligations on Commission.
§ Obligations

All obligations under Article 45

Obligation 1
The Commission shall take account of specific elements such as the rule of law, human rights, and data protection rules when assessing the adequacy of the level of protection in a third country or international organisation. Regulation (EU) 2016/679, Article 45, Article 45
Obligated entity
Commission
Action required
assess
Deadline
Penalty
Obligation 2
The Commission may decide by means of implementing act that a third country, territory, or international organisation ensures an adequate level of protection, providing for a periodic review mechanism at least every four years. Regulation (EU) 2016/679, Article 45, Article 45
Obligated entity
Commission
Action required
decide
Deadline
Penalty
Obligation 3
The Commission shall monitor developments in third countries and international organisations on an ongoing basis that could affect the functioning of adequacy decisions. Regulation (EU) 2016/679, Article 45, Article 45
Obligated entity
Commission
Action required
monitor
Deadline
Penalty
Obligation 4
The Commission shall repeal, amend, or suspend an adequacy decision by means of implementing acts if information reveals that the third country or international organisation no longer ensures an adequate level of protection. Regulation (EU) 2016/679, Article 45, Article 45
Obligated entity
Commission
Action required
repeal
Deadline
Penalty
Obligation 5
On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts to repeal, amend, or suspend an adequacy decision. Regulation (EU) 2016/679, Article 45, Article 45
Obligated entity
Commission
Action required
adopt
Deadline
Penalty
Obligation 6
The Commission shall enter into consultations with the third country or international organisation with a view to remedying the situation giving rise to the decision to repeal, amend, or suspend an adequacy decision. Regulation (EU) 2016/679, Article 45, Article 45
Obligated entity
Commission
Action required
consult
Deadline
Penalty
Obligation 7
The Commission shall publish in the Official Journal of the European Union and on its website a list of third countries, territories, and international organisations for which it has decided that an adequate level of protection is or is no longer ensured. Regulation (EU) 2016/679, Article 45, Article 45
Obligated entity
Commission
Action required
publish
Deadline
Penalty
§ Frequently asked

Questions about Article 45

Who must comply with Article 45 of the GDPR? +
Commission.
What does Article 45 of the GDPR require? +
assess decide monitor
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