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Documents relating to data transfers under Convention 108 adopted by the Council of Europe

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

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

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