(7) The rights mentioned in this section shall not affect the rights and freedoms of other data
subjects.
CHAPTER VI
TRANSFER OF PERSONAL DATA OUTSIDE PAKISTAN
30. Restrictions on transferring personal data.- (1) Personal data shall not be transferred to
any unauthorised person or system or anything contrary to the provisions of this Act.
31. Condition for Cross border transfer. –
(1) Where personal data excluding critical personal data is required to be transferred to an
entity/entities or system located beyond the borders of Pakistan, which is not under the
direct control of the Government of Pakistan, it shall be ensured that the country where
the data is being transferred offers at least adequate personal data protection legal
regime which is consistent to the protection provided under this Act and the data which
is transferred shall be processed as per the provisions of this Act and, where applicable,
the data subject shall give explicit consent.
(2) Critical Personal Data shall only be processed in a server(s) or digital infrastructure
located within the territory of Pakistan.
32. Framework on conditions for cross-border transfer. –
(1) Personal data other than those categorised as critical personal data may be transferred
outside the territory of Pakistan after fulfilling necessary explicit consent requirements
under this Act. In the absence of an adequate data protection legal regime, the
Commission may allow for the transfer of personal data outside Pakistan in the following
cases:
(a) Binding contract/agreement;
(b) Explicit consent of the data subject that does not conflict with the public interest
or national security of Pakistan;
(c) International cooperation is required under relevant international obligations; and
(d) any further conditions specified by the Commission.
(2) The Commission shall also devise a mechanism for sharing sensitive personal data with the
government of Pakistan provided that the data relates to public order or national security
and the same is required within the parameters of applicable law. The data controllers or
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