24
Binding
corporate rules,
certification
mechanisms,
etc.
registration of
data controllers
of significant
importance and
data processors
of significant
importance
complaints
Data Protection
No. 3
(c) the transfer is necessary for the conclusion or performance
of a contract between the data controller and a third party, which
is in the interest of the data subject; or
(d) the transfer is for the benefit of the data subject and—
(i) that it is not reasonably practicable to obtain consent of
the data subject to the transfer; or
(ii) if it were reasonably practicable to obtain the consent of
the data subject, that the data subject would likely give the
consent.
(5) without prejudice to subsection (1), the Minister may, from
time to time, by notice published in the Gazette, designate a country,
region or specified sector within a country, or a standard personal
data protection contractual clause as affording an adequate level of
protection of personal data in accordance with this section.
40. where a data controller or data processor adopts binding
corporate rules, code of conduct or certification mechanism,
pursuant to this act, the data controller or data processor shall
submit the adopted corporate rules, code of conduct or certification
mechanism to the authority.
Part VIII—reGIstratIOn OF Data cOntrOLLers OF sIGnIFIcant
IMPOrtance anD Data PrOcessOrs OF sIGnIFIcant IMPOrtance
41.__(1) a data controller or data processor shall not process
personal data as a data controller of significant importance and a
data processor of significant importance, unless the data controller
or data processor is registered as a data controller of significant
importance or a data processor of significant importance, as the case
may be, under this Part.
(2) a data controller or data processor who intends to process
personal data as a data controller of significant importance or a data
processor of significant importance shall submit an application for
registration, in the prescribed form, to the authority and the
application shall be accompanied by the prescribed fee.
(3) the authority shall, within fourteen days of receiving an
application under subsection (2)—
(a) register the data controller or data processor as a data
controller of significant importance or data processor of
significant importance, as the case may be; or
(b) refuse to register the data controller or data processor as a
data controller of significant importance or data processor of