Art.49 Derogations for specific situations
In the absence of an adequacy decision and of appropriate safeguards, a transfer to a third country or an international organisation may take place only on one of the Article 49(1) conditions: the data subject's explicit
5
artefacts
0
held by a system
4
at each review
hard
to go live
Data governance / DLP tooling
where the evidence lives
teal = a system already holds it · olive = produced at each review
system holds itEvidence a system already holds
none for this control
periodic reviewEvidence produced at each review
- Where explicit consent is used, the record showing the data subject was informed of the specific risks arising from the absence of adequacy and safeguards · Data governance / DLP tooling
- Where the compelling legitimate interests route is used, the documented assessment, the suitable safeguards, the notification to the supervisory authority and the information given to the data subject · Data governance / DLP tooling
- The Article 30 record entries documenting that assessment and those safeguards, as Article 49(6) requires · Document repository
- Evidence that reliance on Article 49 is occasional and non-repetitive rather than the standing basis for a routine transfer · Document repository
governing documentDocuments that govern the control
- A register of transfers relying on Article 49, with the specific condition cited and the reasoning recorded per transfer · Policy repository / GRC workspace
First move
This control is evidenced by people and documents, not systems. Put the document under version control with an owner and review date, and log each review as a record with reviewer and date. Do not try to automate it.
Common gaps auditors find
- A derogation used as the permanent basis for routine systematic transfers, when derogations are for specific situations and must remain exceptional
- Necessity for a contract stretched to cover transfers that merely make the service cheaper or more convenient to operate
- Explicit consent obtained without informing the data subject of the risks, which is the specific condition Article 49(1)(a) attaches to it
- The compelling legitimate interests route used without the supervisory authority notification and the data subject information, both of which are mandatory conditions
Do this for your whole sheet
Paste the rows you run your controls from and get this mapping for every control at once, with the periodic-review ones flagged and a first move per row. No account for the first run.
Build my evidence sheet