Article 41 — Communication of data to third countries, international organisations and private entities
Entry/Exit System (EES), Regulation (EU) 2017/2226
What does ENTRY-EXIT-SYSTEM Article 41 say?
Short answer, straight from the official text
1. Data stored in the EES shall not be transferred or made available to any third country, to any international organisation or to any private entity. 2. By way of derogation from paragraph 1 of this Article, the data referred to in Article 16(1) and points (a), (b) and (c) of Article 17(1) of this Regulation may be transferred …
Source: Entry/Exit System (EES), Regulation (EU) 2017/2226, read 2026-10-13.
| In the act | EU 2017/2226 |
| CELEX | 32017R2226 |
| Read on | 2026-10-13 |
Official text
Read from the EU Publications Office for this CELEX number. The wording stands as published; nothing here is rewritten or summarised.
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1. Data stored in the EES shall not be transferred or made available to any third country, to any international organisation or to any private entity.
2. By way of derogation from paragraph 1 of this Article, the data referred to in Article 16(1) and points (a), (b) and (c) of Article 17(1) of this Regulation may be transferred by border authorities or immigration authorities to a third country or to an international organisation listed in the Annex I to this Regulation in individual cases, if necessary in order to prove the identity of third-country nationals for the sole purpose of return, only where one of the following conditions is satisfied:
(a) the Commission has adopted a decision on the adequate protection of personal data in that third country in accordance with Article 45(3) of Regulation (EU) 2016/679;
(b) appropriate safeguards as referred to in Article 46 of Regulation (EU) 2016/679 have been provided, such as through a readmission agreement which is in force between the Union or a Member State and the third country in question; or
(c) point (d) of Article 49(1) of Regulation (EU) 2016/679, applies.
3. The data referred to in Article 16(1) and points (a), (b) and (c) of Article 17(1) of this Regulation may be transferred in accordance with paragraph 2 of this Article only where all of the following conditions are satisfied:
The article continues in the official text.
The text is quoted from the official source and is not legal advice. A national court reads the language version that binds in its jurisdiction.
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