Source: OJ L 119, 4.5.2016, pp. 1–88 · Consolidated textCurrent language: EN
- General data protection
Basic legislative acts
- GDPR regulation
Article 96 Relationship with previously concluded Agreements
Summary What does Article 96 of the GDPR regulation say?
This transitional provision addresses the fate of international agreements on personal data transfers that Member States had already concluded before the GDPR came into force.
Rather than immediately invalidating those pre-existing arrangements, the article allows them to continue operating, provided they were compliant with Union law at the time they were made.
It acts as a continuity safeguard, bridging the gap between the old legal framework under Directive 95/46/EC and the new regime established by this Regulation.
Important points:
- Pre-existing international agreements on personal data transfers concluded by Member States before 24 May 2016 remain valid under this Regulation.
- The agreements must have complied with Union law as it stood at the time of their conclusion to benefit from this continuity.
- These agreements stay in force until they are amended, replaced, or revoked.
Springlex's summary of the article is a reading aid, not a substitute for the legal text.
International agreements involving the transfer of personal data to third countries or international organisations which were concluded by Member States prior to 24 May 2016, and which comply with Union law as applicable prior to that date, shall remain in force until amended, replaced or revoked.
Relevant recitals
Recital 102 Relation to international transfer agreements
This Regulation is without prejudice to international agreements concluded between the Union and third countries regulating the transfer of personal data including appropriate safeguards for the data subjects. Member States may conclude international agreements which involve the transfer of personal data to third countries or international organisations, as far as such agreements do not affect this Regulation or any other provisions of Union law and include an appropriate level of protection for the fundamental rights of the data subjects.
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Definition
international organisation
Definition
personal data