106 No. 3 of 2021] Data Protection (4) Where a certificate of registration is cancelled or suspended, the Data Protection Commissioner shall prescribe conditions with which the data collected from the data subjects will be processed. (5) A data controller or data processor who contravenes subsection (4) commits an offence and is liable, on conviction, to a fine not exceeding one million penalty units or to imprisonment for a term of five years. Reregistration 25. Where a certificate of registration is cancelled or suspended under section 24, the holder of the certificate of registration may apply to the Data Protection Commissioner for re-registration in a prescribed form and manner on payment of a prescribed fee. Surrender of certificate of registration 26. (1) Where a registered data controller or data processor decides not to continue providing the services, the data controller or data processor shall notify the Data Protection Commissioner in writing. (2) The Data Protection Commissioner shall prescribe terms and conditions on which the certificate of registration shall be surrendered. (3) Where a certificate of registration is surrendered under sub section (1), the certificate of registration shall lapse, and the data controller or data processor shall cease to be entitled to any benefits obtainable under the certificate of registration. (4) A data controller or data processor who fails to adhere to the terms and conditions of surrender in subsection (2) commits an offence and is liable, on conviction, to a fine not exceeding one million penalty units or to imprisonment for a term of ten years. Exemption from registration 27. The Data Protection Commissioner may, by declaration, exempt a person for a limited or unlimited period of time, from the requirement to hold a certificate of registration to process personal data. Power to forbear 28. (1) The Data Protection Commissioner may forbear from applying to a data controller any provision of this Part, where the Data Protection Commissioner considers that forbearance is consistent with the objects of this Act. (2) The Data Protection Commissioner shall, where it decides to forbear from applying any provision, immediately, publish a notice of forbearance in the Gazette, setting out the details of and the reasons for, the decision.

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