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.
Article 96 GDPR - Relationship with previously concluded Agreements
Relevant Recitals
No relevant recitals listed.
Frequently Asked Questions
Short answers to common questions about this provision. They are general information and not legal advice.
International agreements involving the transfer of personal data to third countries or international organisations that Member States concluded before 24 May 2016, and that comply with Union law as applicable before that date, remain in force until amended, replaced or revoked. Transfers under such agreements therefore continue without needing a separate Chapter V mechanism.
The agreement must satisfy two cumulative conditions, having been concluded by a Member State prior to 24 May 2016 and complying with the Union law applicable prior to that date, in substance the regime of Directive 95/46/EC. An agreement that failed either condition gains nothing from Article 96.
The reference date is the entry into force of the Regulation under Article 99(1), not the date of its application. Member States could therefore not create new grandfathered agreements during the two-year transition period.
A new agreement must comply with Chapter V, for example as a legally binding and enforceable instrument between public authorities under point (a) of Article 46(2), through provisions inserted into administrative arrangements authorised under point (b) of Article 46(3), or by relying on an adequacy decision under Article 45.
Indefinitely, since the article sets no expiry date, but only until the agreement is amended, replaced or revoked. Any amendment ends the grandfathering, so the revised agreement must then be brought into conformity with Chapter V.