Guidelines 2/2020 on articles 46 (2) (a) and 46 (3) (b) of Regulation 2016/679 for transfers of personal data between EEA and non-EEA public authorities and bodies

Section 2.5  Restrictions on onward transfers and sharing of data 

38. Onward transfers by the receiving public body to recipients not bound by the agreement should, as a rule, be specifically excluded by the international agreement. Depending on the subject matter and the particular circumstances at hand, the parties may find it necessary to allow onward transfers. In this case, under the condition that the purpose limitation principle is respected, the international agreement should foresee that such onward transfers can only take place if the transferring public body has given its prior and express authorisation and the receiving third parties commit to respect the same data protection principles and safeguards as included in the international agreement. This should include a commitment to provide to data subjects the same data protection rights and guarantees as provided in the international agreement.

39. As a rule, the same safeguards as for onward transfers should apply to sharing of personal data within the same country, i.e. the international agreement shall exclude this onward sharing and exemptions should in general only be allowed if the transferring public body has given its prior and express authorization and the receiving third parties commit to respect the same data protection principles and safeguards as included in the international agreement.

40. It is recommended that before requesting the express authorisation of the transferring public body the receiving public body provides sufficient information on the type of personal data that it intends to transfer/share and the reasons and purposes for which it considers it to be necessary to transfer/share the personal data.

41. In cases where it is necessary to allow sharing of personal data with a third party in the same country of the receiving public body, the sharing could be allowed in specific circumstances either with prior and express authorization of the transferring public body or as long as there is a binding commitment to respect the principles and guarantees included in the international agreement. This could, e.g, be the case if the sharing is necessary for the establishment, exercise or defense of legal claims.

42. In addition, the international agreement could specify exceptional circumstances in which onward sharing could take place without prior authorisation or the abovementioned commitments, e.g. when this specific sharing would be required under domestic law, as necessary for directly related investigations/ court proceedings.

43. In these cases, the international agreement should clearly state the specific and exceptional circumstances under which such data sharing is allowed. The receiving public body should also be obliged to notify the transferring public body prior to the sharing and include information about the data shared, the receiving third party and the legal basis for the sharing. In its turn the transferring public body should keep a record of such notifications from the receiving public body and provide its SA with this information upon request.