Acts 2017 476 (5) Subject to section 44, this Act shall apply to a controller or processor who – (a) is established in Mauritius and processes personal data in the context of that establishment; and (b) is not established in Mauritius but uses equipment in Mauritius for processing personal data, other than for the purpose of transit through Mauritius. (6) Every controller or processor referred to in subsection (5)(b) shall nominate a representative established in Mauritius. (7) For the purpose of subsection (5)(a), any person who – (a) is ordinarily resident in Mauritius; or (b) carries out data processing operations through an office, branch or agency in Mauritius, shall be treated as being established in Mauritius. PART II – DATA PROTECTION OFFICE Sub-Part A – Establishment of Data Protection Office 4. Establishment of Office (1) There shall, for the purposes of this Act, be a public office to be known as the Data Protection Office. (2) In the discharge of its functions under this Act, the Office shall act with complete independence and impartiality and shall not be subject to the control or direction of any other person or authority. (3) The head of the Office, who shall be known as the Data Protection Commissioner, shall be a barrister of not less than 5 years’ standing. (4) The Commissioner shall be assisted by such public officers as may be necessary.