Article 45 Transfers on the basis of an adequacy decision.

1. A transfer of personal data to a third country or an international organization may take place

where the Commission has decided that the third country, a territory or one or more specified

sectors within that third country, or the international

organization in question ensures an adequate level of protection. Such a transfer shall not

require any specific authorization. Two. When assessing the adequacy of the level of protection,

the commission shall, in particular, take account of the following elements.

A. The rule of law, respect for human rights and fundamental freedoms, relevant legislation,

both general and sectoral, including concerning public security, defense, national security

and criminal law and the access of public authorities to personal data, as well as the

implementation of such legislation, data protection rules, professional rules and security measures,

including rules for the onward transfer of personal data to another third country or

international organization which are complied within that country or international organization,

case law, as well as effective

and enforceable data subject rights and effective administrative and judicial redress for the data

subjects whose personal data are being transferred.

The existence and effective functioning of one or more independent supervisory authorities in the

third country or to which an international organization

is subject, with responsibility for ensuring and enforcing compliance with the data protection

rules, including adequate enforcement powers, for assisting and advising the data subjects

and exercising their rights and for cooperation with the supervisory authorities of the member

states, and see, the international commitments the

...