[22nd December 2023]
REPUBLIC OF SEYCHELLES
(f)
Data Protection Act
SUPPLEMENT TO OFFICIAL GAZETTE
660
ACT
comply with the requirements of this section for engaging
another data processors.
(6) The terms included in the contract shall provide that the data
processor may transfer personal data to a third country or international
organisation only if instructed by the data controller to make the particular
transfer.
(7) If a data processor determines, in breach of this Part, the
purposes and means of processing, the data processor is to be treated for the
purposes of this Part as a data controller in respect of that processing.
(8) A data processor shall be considered a data controller if the data
processor interacts with the data subject in his or her own name, without
disclosing that he or she is acting on behalf of a data controller, even if there
is a contract complying with this Part that designates him or her as a data
processor.
(9) A data processor, and any person acting under the authority of a
data controller or data processor, who has access to personal data may not
process the data except on instructions from the data controller, or to comply
with a legal obligation.
(10) A data processor may keep the personal data blocked, in a
manner specified under section 39, during the period in which he or she may
still be liable following his or her relationship with the data controller.
Records of processing activities
37.(1) Each data controller shall maintain a record of all processing
activities for which the data controller is responsible.
(2) When the data controller or the data processor have designated a
data protection officer, they shall inform the officer of any modification,
addition or exclusion to the record.
(3) The data controller’s record shall contain the following
information —
(a)
the name and contact details of the data controller;
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