Transmission abroad and to international organisations

(1) Transmission of social data to persons or bodies in other Member States of the European Union, and in states treated the same as these under section 35(7) of the First Book, is permissible insofar as 1. this is required for the performance of a statutory function of the transmitting body named in section 35 of the First Book under this Code, or for the performance of such a function by foreign bodies, insofar as they perform functions corresponding to those of the bodies named in section 35 of the First Book; 2. the conditions of section 69(1), no. 2 or no. 3, or of section 70, or of a transmission provision under the Third Book or the Employee Assignment Act are met, and the functions of the foreign body correspond to those named in these provisions; 3. the conditions of section 74 are met, and the claims asserted in court, or the rights of the recipient, correspond to those named in that provision; or 4. the conditions of section 73 are met; a domestic court has jurisdiction to order a transmission under section 73. Transmission of social data is dispensed with insofar as it would conflict with the principles contained in Article 6 of the Treaty on European Union.
(2) Subsection (1) applies correspondingly to transmission to persons or bodies in a third country, and to international organisations, where their adequate level of data protection has been established by an adequacy decision under Article 45 of Regulation (EU) 2016/679.
(3) Where no adequacy decision exists, transmission of social data to persons or bodies in a third country, or to international organisations, is, in derogation from Article 46(2), letter a) and Article 49(1), first subparagraph, letter g) of Regulation (EU) 2016/679, impermissible. A transmission for important reasons of public interest under Article 49(1), first subparagraph, letter d) and (4) of Regulation (EU) 2016/679 exists only where 1. the transmission takes place in application of intergovernmental agreements in the field of social security; or 2. the conditions of section 69(1), nos. 1 and 2, or of section 70, are met, and the person concerned has no interest worthy of protection in the exclusion of the transmission.
(4) The body to which the social data are transmitted must be informed of the purpose for whose performance the social data are transmitted.