art49-derogations

art49-derogations is a skill for Claude Code from mukul975/Privacy-Data-Protection-Skills. It costs 89 tokens per session (2,807 once invoked), scanned A, original, Apache-2.0.

Guidance for deciding when personal data may be sent outside the European Economic Area under limited exceptions in Article 49 of the GDPR, the EU's data protection law.

In plain words
What is it for?
Use it to assess consent, contract, public-interest, emergency, public-register, and legitimate-interest exceptions for international data transfers.
Why use it?
It helps avoid treating exceptional transfer rules as a routine substitute for approved safeguards or an adequacy decision.

Skill for Claude Code

Written for Claude Code: shipped in a Claude Code plugin.

Part of the cross-border-transfers-skills plugin — 3 skills shipped together

Good fit Use it to assess consent, contract, public-interest, emergency, public-register, and legitimate-interest exceptions for international data transfers.

Compare 6 skills from other repositories ↓
Install with agentmods
npx agentmods add skills/mukul975/privacy-data-protection-skills/art49-derogations
Install

Getting it into your agent

One page per mod, every tool's command on it. A separate URL per tool would split the same page into five that compete with each other.

Any agent
npx skills add mukul975/Privacy-Data-Protection-Skills --skill art49-derogations
Clone the repo
git clone --depth 1 https://github.com/mukul975/Privacy-Data-Protection-Skills

Made for: Claude Code.

Or install cross-border-transfers-skills, the plugin that ships this one along with the rest of its 3 skills.

Wrote this? Show the measurements

A badge with what this costs and how it scanned, read live from this page, so it follows the numbers instead of freezing them. Markdown for a README, HTML for a documentation site or a project page.

agentmods badge for art49-derogations

README.md
[![agentmods](https://agentmods.dev/badge/skills/mukul975/privacy-data-protection-skills/art49-derogations/github.svg)](https://agentmods.dev/skills/mukul975/privacy-data-protection-skills/art49-derogations)
Your own site
<a href="https://agentmods.dev/skills/mukul975/privacy-data-protection-skills/art49-derogations"><img src="https://agentmods.dev/badge/skills/mukul975/privacy-data-protection-skills/art49-derogations/github.svg" alt="Measured on agentmods" height="20"></a>

Or the 80×15 button, for a site that already has a row of RSS and ATOM ones. Only the verdict fits; the numbers stay here.

agentmods 80×15 button for art49-derogations

Your own site · 80×15
<a href="https://agentmods.dev/skills/mukul975/privacy-data-protection-skills/art49-derogations"><img src="https://agentmods.dev/badge/skills/mukul975/privacy-data-protection-skills/art49-derogations.svg" alt="Reviewed on agentmods" width="80" height="20"></a>
Per session 89 Skills are progressive disclosure: only the name and description are preloaded; the body loads when the skill is used.
When invoked 2,807 The whole file, excluding the scripts and references it only reads on demand.
Security scan A 0 findings. A grade says what 26 rules found in the file — not that it is safe.
Origin original No closer match found in the catalogue.
Token cost

What it costs to keep this loaded

Counted locally with the o200k_base tokenizer, which is exact for GPT models; Claude uses its own tokenizer and its counts differ. Treat this as one consistent yardstick across the catalogue rather than a bill. Prices are per million input tokens.

ModelPer sessionOnce invoked
Fable 5.1 $0.00089 $0.02807
Opus 5 $0.00044 $0.01404
Sonnet 5 $0.00018 $0.00561
Haiku 4.5 $0.00009 $0.00281

Measured 12d ago against content hash c8ec30538670, method: parsed. Prices are Anthropic first-party input rates as of 2026-09-12, from the pricing page.

Security

Grade A, and why

art49-derogations scanned grade A with 0 findings against 26 rules in 11 categories — prompt injection, anti-refusal, data exfiltration, privilege escalation, supply chain, agent snooping, system-prompt leakage, SSRF and excessive agency — measured 12d ago.

The scan reads SKILL.md. This mod also ships 1 executable file (scripts/process.py), listed below but not scanned — reading those needs a real analyzer, not pattern matching.

A static scan of the body, not an audit. Every finding is printed with the line that produced it so you can judge whether it matters here. A mod is markdown that instructs an agent; that is exactly why what it instructs is worth reading.

Nothing flagged

None of the 26 patterns this scan looks for appear in this file: no shell pipes, no recursive deletes, no credential paths, no hidden text, no instruction-override or anti-refusal phrasing, no agent-config snooping. That is not a guarantee, it is the absence of the things that are checkable.

plugins/cross-border-transfers-skills/skills/art49-derogations/SKILL.md · 177 lines

How it starts

The opening of the file, as written. The whole thing — 177 lines — stays where its author put it; the contents beside it link to each section on GitHub.

Assessing Article 49 Derogations

Overview

Article 49 GDPR provides a limited set of derogations permitting international data transfers in the absence of an adequacy decision (Art. 45) or appropriate safeguards (Art. 46). The EDPB has consistently emphasised in Guidelines 2/2018 on derogations under Article 49 (adopted 25 May 2018, last updated 6 February 2018) that these derogations must be interpreted restrictively and are intended as exceptions rather than the rule. They cannot serve as a basis for systematic, large-scale, or regular transfers.

Derogation Conditions

Art. 49(1)(a) — Explicit Consent

Condition: The data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards.

Requirements:

  1. Specific: Consent must specifically cover the transfer to the identified third country, not merely the processing activity itself.
  2. Informed: The data subject must be told:
    • The specific third country or countries to which data will be transferred
    • The absence of an adequacy decision for that country
    • The absence of appropriate safeguards (SCCs, BCRs)
    • The specific risks arising from this (e.g., government access without EU-equivalent protections)
  3. Explicit: Must be an unambiguous affirmative statement; implied consent or pre-ticked boxes are insufficient.
  4. Freely given: No detriment to the data subject for withholding consent; must be a genuine choice.
  5. Withdrawable: Data subject can withdraw consent at any time; withdrawal does not affect lawfulness of prior transfers.

Athena Global Logistics example use case: A European customer requests that their consignment tracking data be shared with their own broker in a non-adequate country. The customer is informed of the risks and explicitly consents via a signed transfer consent form.

Limitations (EDPB Guidelines 2/2018):

  • Cannot be used for systematic, repetitive, or large-scale transfers
  • Not appropriate in employer-employee relationships due to the power imbalance (consent is unlikely to be freely given)
  • Not a substitute for establishing systematic transfer mechanisms

Read the full file on GitHub · 177 lines

Files

What ships with it

4 files beside SKILL.md in the same directory: the scripts, references and assets a skill reads on demand. Not counted in the per-session cost; read them before you install if any of them is executable.

Changes

What this file has done since we first saw it

Hashed on every crawl. A supply-chain change to an agent config is a question of when, not whether, so the history is kept rather than the latest state alone.

  1. 12d ago First seen · 177 lines · 89 tokens per session scan A c8ec30538670

Subscribe to this mod's changes

art49-derogations is a skill published in the GitHub repository mukul975/Privacy-Data-Protection-Skills (272 stars, last pushed 5mo ago), licensed Apache-2.0. It adds 89 tokens to every session and 2,807 once invoked, about $0.0004 per session on Opus 5. A static security scan graded it A with 0 findings. No closer match exists in the catalogue, so it is treated as the original; first seen 2026-08-30.

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