---
title: "Recital 108 GDPR"
canonical: "https://dposchool.com/gdpr/recital/108"
source: "https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_108"
source_note: "Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu"
text_as_of: "2026-10-28"
last_reviewed: "2026-10-29"
language: "en"
publisher: "DPO School"
---

Recitals

# Recital 108

Text as of 28 October 2026 · [Reviewed by Sergio Maldonado Elvira on 29 October 2026](https://dposchool.com/gdpr/about#review)

## Official text

In the absence of an adequacy decision, the controller or processor should take measures to compensate for the lack of data protection in a third country by way of appropriate safeguards for the data subject. Such appropriate safeguards may consist of making use of binding corporate rules, standard data protection clauses adopted by the Commission, standard data protection clauses adopted by a supervisory authority or contractual clauses authorised by a supervisory authority. Those safeguards should ensure compliance with data protection requirements and the rights of the data subjects appropriate to processing within the Union, including the availability of enforceable data subject rights and of effective legal remedies, including to obtain effective administrative or judicial redress and to claim compensation, in the Union or in a third country. They should relate in particular to compliance with the general principles relating to personal data processing, the principles of data protection by design and by default. Transfers may also be carried out by public authorities or bodies with public authorities or bodies in third countries or with international organisations with corresponding duties or functions, including on the basis of provisions to be inserted into administrative arrangements, such as a memorandum of understanding, providing for enforceable and effective rights for data subjects. Authorisation by the competent supervisory authority should be obtained when the safeguards are provided for in administrative arrangements that are not legally binding.

## Source

Source: Regulation (EU) 2016/679, Official Journal L 119, 4.5.2016, as corrected. Only the text published in the Official Journal is authentic. © European Union, https://eur-lex.europa.eu

[Recital 108 on EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32016R0679#rct_108)

Text as of 28 October 2026.

This is reference material, not legal advice.

## Related articles

This list is under review.

- [Article 46: Transfers subject to appropriate safeguards](https://dposchool.com/gdpr/article/46)

## Navigation

[GDPR Navigator](https://dposchool.com/gdpr) / [Recitals](https://dposchool.com/gdpr/recitals) / Recital 108

Previous: [Recital 107 GDPR](https://dposchool.com/gdpr/recital/107)

Next: [Recital 109 GDPR](https://dposchool.com/gdpr/recital/109)

Studying the GDPR? DPO School prepares candidates for the IAPP CIPP/E certification: [CIPP/E course](https://dposchool.com/courses/cipp-e). More from [DPO School](https://dposchool.com).

## For AI agents

- Machine-readable index: https://dposchool.com/gdpr/llms.txt
- JSON API: https://dposchool.com/gdpr/api/v1/index.json
- Vendor privacy and security facts: https://vendor.watch (API for agents)
- Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api
- Legal services from a California law firm, through its MCP server: https://northend.law/agents