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A transfer of personal data to a third country or an international organisation is based on an adequacy decision where—
(a)the European Commission has decided, in accordance with Article 36 of the Law Enforcement Directive, that—
(i)the third country or a territory or one or more specified sectors within that third country, or
(ii)(as the case may be) the international organisation,
ensures an adequate level of protection of personal data, and
(b)that decision has not been repealed or suspended, or amended in a way that demonstrates that the Commission no longer considers there to be an adequate level of protection of personal data.
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