the international commitments the third country or international organisation concerned has entered into, or other obligations arising from legally binding conventions or instruments as well as from its participation in multilateral or regional systems, in particular in relation to the protection of personal data.
On duly justified imperative grounds of urgency, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 93(3).
The Commission may decide with effect for the entire Union that a third country, a territory or specified sector within a third country, or an international organisation, offers an adequate level of data protection, thus providing legal certainty and uniformity throughout the Union as regards the third country or international organisation which is considered to provide such level of protection. In such cases, transfers of personal data to that third country or international organisation may take place without the need to obtain any further authorisation. The Commission may also decide, having given notice and a full statement setting out the reasons to the third country or international organisation, to revoke such a decision.
Infringements of the following provisions shall, in accordance with paragraph 2, be subject to administrative fines up to 20 000 000 EUR, or in the case of an undertaking, up to 4 % of the total worldwide annual turnover of the preceding financial year, whichever is higher:
If a supervisory authority believes that an adequacy decision of the European Commission or a decision on the recognition of standard protection clauses or on the general validity of approved codes of conduct, on the validity of which a decision of the supervisory authority depends, violates the law, the supervisory authority shall suspend its procedure and lodge an application for a court decision.
Recourse to the administrative courts shall be provided for proceedings pursuant to subsection 1. The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 6.
The Federal Administrative Court shall decide in the first and last instance on an application by the supervisory authority pursuant to subsection 1.
In proceedings pursuant to subsection 1, Section 47 (5), first sentence and (6) of the Code of Administrative Court Procedure shall apply accordingly. If the Federal Administrative Court finds that the European Commission’s decision pursuant to subsection 1 is valid, it shall state this in its decision. Otherwise it shall refer the question as to the validity of the decision in accordance with Article 267 of the Treaty on the Functioning of the European Union to the European Court of Justice.
Pauly in Paal/Pauly, Datenschutz-Grundverordnung, Art. 45 (German)
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