(10) The legal data protection standards applicable in Andorra cover all the basic principles necessary for an adequate level of protection for natural persons, and also provides for exceptions and limitations in order to safeguard important public interests The application of these legal data protection standards is guaranteed by administrative and judicial remedies and by an independent supervision carried out by the supervisory authority, the Andorran Data Protection Agency, which is invested with powers of investigation and intervention and which acts completely independently.
(a) where a competent Andorran 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 Andorran 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 Andorra 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.
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 Andorra is not effectively fulfilling its role, the Commission shall inform the competent Andorran 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.