.
of personal data to that third country or international
organisation should be prohibited, unless the requirements in
this Regulation relating to transfers subject to anrropriate
safeguards,
including
binding
corporate
rules
,
and
derogations for specific situations are fulfilled. In that case
,
provision should be made for consultations between the
Commission
organisations.
and
such
third
countries
or
international
The Commission should, in a timely manner
,
inform the third country or international organisation of the
reasons and enter into consultations with it in order to remedy
the situation." (emphasis added); and
b
.
Article 46(1) (under the title: ÿtransfers subject to appropriate
"
safeguards ): ''' In the absence of a decision pursuant to Article
45(3), a controller or processor may transfer personal data to
a third country or an international organisation only if the
controller or processor has provided appropriate safeguards
,
and on condition that enforceable data subject rights and
“
effective legal remedies for data subjects are available.
(emphasis added).
E4. The Ordinance
42.
Section 4 (titled “data protection principles'") of the Ordinance
provides that:
"
A data user shall not do an act
,
or engage in a practice, that
contravenes a data protection principle unless the act or practice
37
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