A travel platform uses an Article 49 contractual-necessity derogation for occasional transfers needed to complete a guest’s hotel booking abroad, then proposes the same derogation to justify building a permanent offshore analytics data lake. What distinction should counsel draw?
Select an answer to reveal the explanation.
Short Explanation
Using a narrow booking-necessity derogation for a one-off hotel handoff is different from pouring every guest into a forever offshore data lake. Exceptions are for specific situations—not a permanent architecture plan. Build proper safeguards if analytics will live abroad day after day.
Full Explanation
Article 49(1)(b)-type contractual necessity is aimed at transfers necessary for the performance of a contract in specific situations, not at establishing ongoing bulk processing infrastructure in a third country. Systematic permanent exports for analytics should rely on adequacy or Article 46 safeguards. Private organisations are not barred from Article 46 tools, and a past derogation does not waive Chapter V for later unrelated exports.