Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 78 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 78 (ii) includes provisions, that are substantially similar to this section, relating to the further transfer of personal information from the recipient to third parties who are in a foreign country; (b) the data subject consents to the transfer; (c) the transfer is necessary for the performance of a contract between the data 5 subject and the responsible party, or for the implementation of pre-contractual measures taken in response to the data subject’s request; (d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the responsible party and a third party; or 10 (e) the transfer is for the benefit of the data subject, and— (i) it is not reasonably practicable to obtain the consent of the data subject to that transfer; and (ii) if it were reasonably practicable to obtain such consent, the data subject would be likely to give it. 15 (2) For the purpose of this section— (a) ‘‘binding corporate rules’’ means personal information processing policies, within a group of undertakings, which are adhered to by a responsible party or operator within that group of undertakings when transferring personal information to a responsible party or operator within that same group of 20 undertakings in a foreign country; and (b) ‘‘group of undertakings’’ means a controlling undertaking and its controlled undertakings. CHAPTER 10 ENFORCEMENT 25 Interference with protection of personal information of data subject 73. For the purposes of this Chapter, interference with the protection of the personal information of a data subject consists, in relation to that data subject, of— (a) any breach of the conditions for the lawful processing of personal information as referred to in Chapter 3; 30 (b) non-compliance with section 22, 54, 69, 70, 71 or 72; or (c) a breach of the provisions of a code of conduct issued in terms of section 60. Complaints 74. (1) Any person may submit a complaint to the Regulator in the prescribed manner and form alleging interference with the protection of the personal information of a data 35 subject. (2) A responsible party or data subject may, in terms of section 63(3), submit a complaint to the Regulator in the prescribed manner and form if he, she or it is aggrieved by the determination of an adjudicator. Mode of complaints to Regulator 40 75. (1) A complaint to the Regulator must be made in writing. (2) The Regulator must give such reasonable assistance as is necessary in the circumstances to enable a person, who wishes to make a complaint to the Regulator, to put the complaint in writing. Action on receipt of complaint 76. (1) On receiving a complaint in terms of section 74, the Regulator may— (a) conduct a pre-investigation as referred to in section 79; 45