(15) The Argentine government has provided explanations and assurances as to how the Argentine law is to be interpreted, and has given assurances that the Argentine data protection rules are implemented in accordance with such interpretation. This Decision is based on these explanations and assurances, and is therefore conditional upon them. In particular, this decision relies on the explanations and assurances given by the Argentine authorities as to how the Argentine law is to be interpreted as regards which situations fall within the scope of the Argentine law in data protection.
(17) In the interest of transparency and in order to safeguard the ability of the competent authorities in the Member States to ensure the protection of individuals as regards the processing of their personal data, it is necessary to specify the exceptional circumstances in which the suspension of specific data flows may be justified, notwithstanding the finding of adequate protection.
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 Argentina in order to protect individuals with regard to the processing of their personal data in cases where:
(b) there is a substantial likelihood that the standards of protection are being infringed; there are reasonable grounds for believing that the competent Argentine 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 Argentina with notice and an opportunity to respond.
The suspension shall cease as soon as the standards of protection are assured and the competent authority concerned in the Community is notified thereof.