Personal Data Protection Act
GN. NO. 395B (Contd)
protection
transferred solely to permit processing authorised to be
undertaken by the controller.
(2) The adequacy of the level of protection
afforded by the relevant third country shall be assessed
in the light of(a) all the circumstances surrounding the
relevant personal data transfer;
(b) nature of the personal data;
(c) the purpose and duration of the proposed
processing;
(d) the recipient’s country;
(e) the relevant laws in force in the third country;
and
(f) the professional rules and security measures
which are complied within that recipient’s
country.
(3) The Minister shall, after consultation with
Commission and by regulations, specify categories of
processing for which and the circumstances in which the
transfer of personal data to countries outside the United
Republic is not authorised.
(4) Notwithstanding the provisions of subsection
(3), a transfer of personal data to a recipient in a country
outside the country or to a country which does not have
adequate level of protection may take place in one of the
following cases(a) the data subject has consented to the
proposed transfer;
(b) the transfer is necessary for the performance
of a contract between the data subject and the
data controller or the implementation of precontractual measures taken in response to the
data subject’s request;
(c) the transfer is necessary for the conclusion or
performance of a contract concluded or to be
concluded between the data controller and a
third party in the interest of the data subject;
(d) the transfer is necessary or legally required
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