Disposición DNPDP 60-E/2016: model contract clauses and adequate-country list for international transfers
Disposición 60-E/2016 de la Dirección Nacional de Protección de Datos Personales arts. 1-3 (cláusulas contractuales tipo de transferencia internacional)
In force.
A cross border transfer rule binding public and private bodies.
- Instrument type
- a regulation made under an act
- Obligation class
- Transfer, Contract terms, Reporting
- Audit expectation
- none
What it requires
- If you transfer personal data to a country without adequate legislation under a contract that departs from the approved model clauses or lacks their principles, guarantees and content, submit the contract to the control body for approval within thirty calendar days of signing it.
- For a transfer to a country without adequate legislation, use the approved model contract clauses, one for the cession of personal data and one for the provision of services.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 1 to 3 approve model transfer contracts, require approval of contracts that depart from them and list the countries with adequate legislation. They require no log or record of transfers and name no audit.
- Kind
- None
- As of
What this law does
Article 1 of Disposición 60-E/2016 approves the model contract clauses for international transfer, one for the cession of personal data and one for the provision of services, to guarantee an adequate level of protection in transfers to countries without adequate legislation.
Article 2 requires a controller that transfers personal data to a country without adequate legislation under a contract that differs from the approved models, or lacks their principles, guarantees and content, to submit the contract to the directorate for approval within thirty calendar days of signing it.
Article 3 treats as countries with adequate legislation the member states of the European Union and the European Economic Area, the United Kingdom, Switzerland, Guernsey, Jersey, the Isle of Man, the Faroe Islands, Canada for its private sector only, Andorra, New Zealand, Uruguay, and Israel for automatically processed data only. Resolución 34/2019 of the Agencia de Acceso a la Información Pública substituted article 3.
The Dirección Nacional de Protección de Datos Personales issued Disposición 60-E/2016 on and it was published in the Boletín Oficial on .
When LexLint raises it
When your app profile says your app processes personal data.
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