
Article 1 

1. For the purposes of Article 25(2) of Directive 95/46/EC, the State of Israel is considered as providing an adequate level of protection for personal data transferred from the European Union in relation to automated international transfers of personal data from the European Union or, where they are not automated, they are subject to further automated processing in the State of Israel.
2. The competent supervisory authority of the State of Israel for the application of the legal data protection standards in the State of Israel is the ‘Israeli Law, Information and Technology Authority (ILITA)’, referred to in the Annex to this Decision.
Article 2 

1. This Decision concerns only the adequacy of protection provided in the State of Israel, as defined in accordance with international law, with a view to meeting the requirements of Article 25(1) of Directive 95/46/EC and does not affect other conditions or restrictions implementing other provisions of that Directive that pertain to the processing of personal data within the Member States.
2. This Decision shall be applied in accordance with international law. It is without prejudice to the status of the Golan Heights, the Gaza Strip and the West Bank, including East Jerusalem, under the terms of international law.
Article 3 

1. Without prejudice to their powers to take action to ensure compliance with national provisions adopted pursuant to provisions other than Article 25 of Directive 95/46/EC, the competent authorities in Member States may exercise their existing powers to suspend data flows to a recipient in the State of Israel in order to protect individuals with regard to the processing of their personal data in the following cases:
(a) where a competent Israeli authority has determined that the recipient is in breach of the applicable standards of protection; or
(b) where there is a substantial likelihood that the standards of protection are being infringed, there are reasonable grounds for believing that the competent Israeli authority is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects and the competent authorities in the Member State have made reasonable efforts in the circumstances to provide the party responsible for processing established in the State of Israel with notice and an opportunity to respond.
2. The suspension shall cease as soon as the standards of protection are assured and the competent authority of the Member States concerned is notified thereof.
Article 4 

1. Member States shall inform the Commission without delay when measures are adopted on the basis of Article 3.
2. The Member States and the Commission shall inform each other of cases where the action of bodies responsible for ensuring compliance with the standards of protection in the State of Israel fails to secure such compliance.
3. If the information collected under Article 3 and under paragraphs 1 and 2 of this Article provides evidence that any body responsible for ensuring compliance with the standards of protection in the State of Israel is not effectively fulfilling its role, the Commission shall inform the competent Israeli authority and, if necessary, present draft measures in accordance with the procedure referred to in Article 31(2) of Directive 95/46/EC with a view to repealing or suspending this Decision or limiting its scope.
Article 5 
The Commission shall monitor the functioning of this Decision and report any pertinent findings to the Committee established under Article 31 of Directive 95/46/EC, including any evidence that could affect the finding in Article 1 of this Decision, that protection in the State of Israel is adequate within the meaning of Article 25 of Directive 95/46/EC and any evidence that this Decision is being implemented in a discriminatory way. In particular, it shall monitor the processing of personal data in manual databases.
Article 6 
Member States shall take all the measures necessary to comply with the Decision within three months of the date of its notification.
Article 7 
This Decision is addressed to the Member States.
Done at Brussels, 31 January 2011.
For the Commission
Viviane REDING
Vice-President
ANNEX

Competent supervisory authority referred to in Article 1(2) of this Decision:
The Israeli Law, Information and Technology AuthorityThe Government Campus9th floor125 Begin RdTel AvivIsrael
Mailing address:
PO Box 7360Tel Aviv, 61072Tel. + 972-3-7634050Fax + 972-2-6467064E-mail: ILITA@justice.gov.ilWebsite: http://www.justice.gov.il/MOJEng/RashutTech/default.htm
