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Personal Data Protection Act, No. 9 of 2022
personal data which may be permitted to be processed in a
third country, prescribed by the Minister pursuant to an
adequacy decision made under subsection (2).
(2) (a) For the purpose of making an “adequacy decision”,
the Minister shall, in consultation with the Authority take
into consideration the relevant written law and enforcement
mechanisms relating to the protection of personal data in a
third country and the application of the provisions of Part
I, Part II and sections 20, 21, 22, 23, 24 and 25 of Part III of
this Act, and such other prescribed criteria relating to the
processing of personal data, in a third country for the purpose
of cross border data flow.
(b) Any adequacy decision made by the Minister under
this subsection shall–
(i) be subject to periodic monitoring of the
developments in a third country that may affect
such decisions and the Minister may review such
decision at least every two years; and
(ii) remain in force until amended or revoked by the
Minister in consultation with the authority.
(3) A controller or processor other than a public authority
may process personal data–
(a) in a third country prescribed pursuant to an
adequacy decision; or
(b) in a country, not being a third country prescribed
pursuant to an adequacy decision, only where such
controller or processor as the case may be, ensures
compliance with the respective obligations imposed
under Part I, Part II and sections 20, 21, 22, 23, 24
and 25 of Part III of this Act.
(4) For the purpose of ensuring compliance under
paragraph (b) of subsection (3), a controller or processor
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