General principles (Article 39)

Personal data that is being processed or will be processed after transfer may only be transferred to a foreign country or international organization or further transferred from one foreign country or international organization to another, if adequate protection for the data is guaranteed at the destination, or if specific safeguards are in place specifically for such transfer.

Transfers required by foreign court or administrative authority decisions will only be recognized or enforced if they are based on an international agreement, such as a mutual legal assistance treaty, in effect between the requesting third country and Albania, and without violating the other transfer criteria outlined in the Data Protection Law.

Transfer of data based on an adequacy decision (Article 40)

Personal data may be transferred to foreign countries or international organizations if the recipient is located in a country, territory, or sector within a foreign country, or belongs to an international organization that ensures an adequate level of data protection. The adequacy of the data protection level for a country, territory, sector, or international organization is determined by a decision of the Commissioner.

Pursuant to the Decision of the Commissioner No. 8, dated 31 October 2016 the following states have an adequate level of data protection:

• European Union member states;
• European Economic Area states;
• Parties to the Convention No. 108 of the Council of Europe “For the Protection of Individuals with regard to Automatic Processing of Personal Data”, as well as its 1981 Protocol, which have approved a special law and set up a supervisory authority that operates in complete independence, providing appropriate legal mechanisms, including handling complaints, investigating and ensuring the transparency of personal data processing;
• States where personal data may be transferred, pursuant to a decision of the European Commission.

Transfer of data in the absence of an adequacy decision (Article 41)

In the absence of an adequacy decision, a controller or processor may transfer personal data to a third country or international organization only if appropriate safeguards are in place, and if enforceable data subject rights and effective legal remedies are available for the data subjects.

If appropriate safeguards are not in place, the transfer may only occur if one of the following conditions is met:

• the data subject has explicitly consented to the proposed international transfer, after having been clearly informed of the possible risks of such transfer;
• the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request, or the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and a third party;
• the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically incapable of giving consent, or their right to act has been removed or restricted;
• the transfer is necessary for important reasons of public interest;
• the processing is necessary for the establishment, exercise or defence of a right, obligation or legitimate interest before a court or public authority;
• the transfer is made from a register that is open for consultation by law and provides information to the general public, provided that the transfer includes only certain information and not entire sections of the register.

Where a transfer could not be based on any of the above, a transfer may take place only if the transfer is not repetitive, concerns only a limited number of data subjects, is necessary for the purposes of compelling legitimate interests pursued by the controller which are not overridden by the interests or rights and freedoms of the data subject, and the controller has assessed all the circumstances surrounding the data transfer and has on the basis of that assessment provided suitable safeguards with regard to the protection of personal data. The controller shall inform the Commissioner and the data subject of the transfer and on the compelling legitimate interests pursued.