1. Personal data obtained by a Member State or by Europol from Eurodac pursuant to this Regulation shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. That prohibition shall also apply if those data are further processed within the meaning of Article 4, point (2), of and Article 3, point (2), of , at national level or between Member States.
2. Personal data which originate in a Member State and are exchanged between Member States following a hit obtained for law enforcement purposes shall not be transferred to third countries if there is a real risk that, as a result of such a transfer, the data subject might be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights.
3. Personal data which originate in a Member State and are exchanged between a Member State and Europol following a hit obtained for law enforcement purposes shall not be transferred to third countries if there is a real risk that, as a result of such a transfer, the data subject might be subjected to torture, inhuman and degrading treatment or punishment or any other violation of his or her fundamental rights. In addition, any transfers shall only be carried out when they are necessary and proportionate in cases falling within Europol’s mandate, in accordance with Chapter V of and subject to the consent of the Member State of origin.
4. No information regarding the fact that an application for international protection has been made or that a person has been subject to an admission procedure in a Member State shall be disclosed to any third country with regard to persons as referred to in Article 15(1), Article 18(1) and (2) or Article 20(1).
5. The prohibitions set out in paragraphs 1 and 2 of this Article shall be without prejudice to the right of Member States to transfer such data in accordance with Chapter V of or with the national rules adopted pursuant to Chapter V of , as appropriate, to third countries to which applies.
Correlation table
| Regulation (EU) No 603/2013 | This Regulation |
| Article 35(1) | Article 49(1) |
| Article 35(2) | Article 49(2) |
| — | Article 49(3) |
| — | Article 49(4) |
| Article 35(3) | Article 49(5) |