(2) The Authority shall lay down the categories of processing operations for which and the circumstances in which the transfer of personal data to countries outside the Republic of Zimbabwe the SADC is not authorized. Transfer to 44. a country outside the Republic of Zimbabwe SADC which does not assure an adequate level of protection (1) By way of derogation from section 43, a transfer or a set of transfers of personal data to a country outside the Zimbabwe SADC which does not assure an adequate level of protection may take place in one of the following cases: (a) the data subject has unambiguously given his/her consent to the proposed transfer; (b) the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual 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 controller and a third party in the interest of the data subject; (d) the transfer is necessary or legally required on important public interest grounds, or for the establishment, exercise or defense of legal claims; (e) the transfer is necessary in order to protect the vital interests of the data subject; (f) the transfer is made from a register which, according to acts or regulations, is intended to provide information to the public and which is open to consultation either by the public in general or by any person who can demonstrate a legitimate interest, to the extent that the conditions laid down in law for consultation are fulfilled in the case at hand. (2) Without prejudice to the provisions of the previous paragraph, the Authority may authorize a transfer or a set of transfers of personal data to a country outside Zimbabwe the SADC which does not ensure an adequate level of protection, if the controller ensures adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, and regarding the exercise of the corresponding rights; such safeguards can result from appropriate contractual clauses in particular. Draft Data Protection Bill Version 1.0 55

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