22 Data Protection No. 3 (b) any subsequent measures taken by the data controller to mitigate the risk; and (c) the nature, scope and category of the personal data involved. (3) the notification referred to in subsection (1) shall describe the nature of the personal data breach, the likely consequence of the breach and the measures taken or proposed to be taken by the data controller to address the breach. (4) where the notification referred to in subsection (1) involves a disproportionate effort or expense, the data controller shall make a public notification, in at least one newspaper of wide circulation in Malawi and any other mode of communication the data controller considers appropriate. (5) where the authority is of the opinion that the measures taken by the data controller under this section are inadequate, the authority may, at any time, make a public notification of the personal data breach, in at least one newspaper of wide circulation in Malawi or any other mode of communication the authority considers appropriate. cross-border transfer of personal data adequacy of protection of personal data Part VII—crOss-BOrDer transFers OF PersOnaL Data 38.__(1) a data controller and data processor shall not transfer personal data from Malawi to another country or an international organization, unless— (a) the recipient of the data is subject to— (i) a law; (ii) a binding corporate rule; (iii) a personal data protection contractual clause; (iv) code of conduct; or (v) a certification mechanism, that affords an adequate level of protection of personal data in accordance with section 39(2) and (3); or (b) one of the conditions prescribed under section 39(4) applies. (2) a data controller and data processor shall keep a record of the basis for the transfer of personal data from Malawi to another country or an international organization. 39.__(1) the authority shall, on application by a data controller or on its own initiative, assess whether an international organization

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