Chapter 9, Section 72 of the Protection of Personal Information Act No 4 of 2013 deals with transfers of personal information outside South Africa or transborder information flows.
A responsible party may not transfer personal information about a data subject to a third party in a foreign country unless certain provisions are in place. For example, if:
- The foreign country has a law that provides adequate protection;
- There is an agreement between the sender and the receiver that provides sufficient protection;
- There is consent from the data subject;
- The transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the business and a third party.
- There are binding corporate rules that provide adequate protection;
- The transfer benefits the data subject and –
- it is not reasonably practicable to obtain the consent of the data subject to that transfer; and;
- if it were reasonably practicable to obtain such consent, the data subject would likely give it.
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