The documents relating to the transfer of data to third countries under Convention 108 and the modernized Convention 108 are as follows:
1. An additional protocol on supervising authorities and cross-border data flows, which places the following conditions:
– Requirement to ensure an adequate level of data protection when transferring data to a State, which is not a party to the Convention;
– Exceptions from the requirement in cases, set out in the national legislation are, as follows:
– the specific interest of the data subjects;
– a prevailing legitimate interest, public interest in particular;
– contractual clauses have been provided which are assessed as adequate by the competent authorities in accordance with national law.
The document can be found at https://www.coe.int/en/web/conventions/full-list?module=treaty-detail&treatynum=181
2. Handbook on European data protection law – April 2018 – can be found in English on the following link: https://fra.europa.eu/sites/default/files/fra_uploads/fra-coe-edps-2018-handbook-data-protection_en.pdf
2. Handbook on European data protection law – April 2018 – can be found in English on the following link: https://fra.europa.eu/sites/default/files/fra_uploads/fra-coe-edps-2018-handbook-data-protection_en.pdf
3. Interpretation of provisions – the main concepts are set out in a document adopted in 2021 by the Consultative Committee to Convention 108, which, among other interpretations, explains Article 14 of Convention 108+, together with the relevant texts of its Explanatory Report.
The document can be found at https://rm.coe.int/t-pd-2020-06rev3-interpretation-of-provisions-en/1680a2646d
4. Joint statement regarding the protection of transferred data from it being accessed by security bodies in relation to the decision of the CJEU for the Schrems II case: https://rm.coe.int/statement-schrems-ii-final-002-/16809f79cb
4. Joint statement regarding the protection of transferred data from it being accessed by security bodies in relation to the decision of the CJEU for the Schrems II case: https://rm.coe.int/statement-schrems-ii-final-002-/16809f79cb
