Law note · Germany

GDPR Chapter V, Cross-Border Transfer of Personal Data from Germany

cite Regulation (EU) 2016/679, Arts. 44-49 stage In effect since 2018-05-25 reviewed 2026-08-24

Transferring personal data of a person in Germany outside the European Economic Area requires a European Commission adequacy decision, Standard Contractual Clauses, Binding Corporate Rules, or a narrow Article 49 derogation, backed by the highest Article 83(5) fine tier. The BfDI publishes its own guidance on international transfers but adds no additional national restriction layer beyond General Data Protection Regulation (GDPR). This is a real, structured condition on outbound transfer, not an absence of restriction.

What it asks of an app

  • Rely on a European Commission adequacy decision, Standard Contractual Clauses with a transfer impact assessment, Binding Corporate Rules, or a narrow Article 49 derogation before moving personal data of a person in Germany outside the European Economic Area.

When LexLint raises it

Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach, processes_voice, processes_biometrics

Primary source: Official Journal text, EUR-Lex, Regulation (EU) 2016/679
BfDI international transfer guidance

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