San Marino Law No. 171, transfers of personal data abroad

Legge 21 dicembre 2018 n. 171, articoli 45-50 (trasferimenti verso paesi terzi)

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In force since 21 December 2018.

A cross border transfer rule binding public and private bodies.

As of 19 September 2026.

What it requires

Rely on an EU adequacy decision, a bilateral treaty, an appropriate safeguard such as binding corporate rules or standard clauses, or a narrow derogation before transferring personal data of a person in San Marino outside the country, under Articles 45 to 50.
Apply the same conditions to an onward transfer from the destination country or organisation to another one, not only to the first transfer out.
Where you rely on a derogation in article 50 instead, use one the article lists, and where that is the data subject's explicit consent, inform them of the possible risks of the transfer first.

What it reaches

Obligation class

Transfer

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Article 45 permits a transfer of personal data to a foreign country or an international organisation only on the conditions this Title lays down, including for onward transfers from there to another country or organisation.

Article 46 governs transfer on the basis of a decision that the destination affords an adequate level of protection, article 47 transfer subject to appropriate safeguards such as standard data protection clauses, article 48 binding corporate rules and what they must specify, and article 49 the recognition of judgements and decisions of foreign countries.

Article 50 sets the narrow derogations that permit a transfer in the absence of an adequacy decision or appropriate safeguards, including the data subject's explicit consent after being informed of the risks, contractual necessity, important reasons of public interest, legal claims, vital interests, and a transfer from a public register.

Law 171/2018 was approved by the Great and General Council on 12 December 2018 and promulgated by the Captains Regent on 21 December 2018, the date carried in the law's own official title, and it states no separate entry-into-force clause, so that promulgation date is the day these provisions began to bind.

When LexLint raises it

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Read the law

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