108 No. 3 of
2021]
Data Protection
(3) The Data Protection Commissioner may vary the licence
or the terms and conditions of a licence where—
(a) the variation is necessary in the public interest; or
(b) the variation is necessary to address the concerns of the
members of the public;
(4) The Data Protection Commissioner shall, before making
any variation of the terms and conditions of a licence under this
section, give notice to the licensee—
(a) stating that it proposes to make variations in the manner
specified in the notice; and
(b) specifying the time, not being more than fourteen days
from the date of service of the notice on the Licensee,
within which written representation in respect of the
proposed variation may be made to the Data Protection
Commissioner by the licensee.
(5) Compensation shall not be payable by the Data Protection
Commissioner to a licensee for any variation to a licence.
Surrender of
licence
34. (1) Where a licensee decides not to continue providing
the services relating to the licence, the licensee shall notify the
Data Protection Commissioner in writing and shall agree with the
Data Protection Commissioner on the terms and conditions of the
surrender of the licence, with particular reference to anything done
or any benefit obtained under the licence.
(2) Where a licence is surrendered under sub section (1), the
licence shall lapse, and the licensee shall cease to be entitled to any
benefits obtainable under the licence.
(3) Where a licence is surrendered under subsection (1), the
licensee shall not be entitled to a refund of any fees paid with respect
to the licence.
Transfer of
licence
35. (1) A licensee shall not cede, pledge, encumber or
otherwise dispose of a licence.
(2) A licensee may transfer or assign a licence with the prior
approval of the Data Protection Commissioner.
(3) An application for approval to transfer or assign a licence
shall be made to the Data Protection Commissioner.
(4) The Data Protection Commissioner may, within thirty days
of receipt of the application—
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