Chapter 5 · Transfers to Third Countries

Article 48 — Transfers not authorised by Union law

All 99 Articles Chapter 5: Transfers to Third Countries

A foreign court or authority order to hand over data is not, by itself, a lawful basis to transfer — it must go through an international agreement such as mutual legal assistance.

Official text & source

Article 48 of the General Data Protection Regulation (Regulation (EU) 2016/679). Read the full, authoritative text on EUR-Lex.

Official text on EUR-Lex

Official text

Verbatim text of Article 48 of the General Data Protection Regulation — Regulation (EU) 2016/679.

Any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognised or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty, in force between the requesting third country and the Union or a Member State, without prejudice to other grounds for transfer pursuant to this Chapter.

Source: Regulation (EU) 2016/679 (OJ L 119, 4.5.2016, p. 1). Official text reproduced from EUR-Lex — © European Union. Only European Union legislation published in the Official Journal is deemed authentic.

Related articles

These summaries are a plain-English orientation only and are not a substitute for the official text of the Regulation or for legal advice.

Need to apply Article 48?

The FAQs and insights show how the text works in practice.

Browse the FAQs