Dominican RepublicLey No. 172-13 sobre Protección Integral de los Datos Personales, cross border transfer of data
Ley No. 172-13, art. 80 (cross border transfer of data)
In force since .
A cross border transfer rule binding public and private bodies.
- Obligation class
- Transfer
- Audit expectation
- none
What it requires
- Before transferring personal data outside the Dominican Republic, obtain the data subject's free authorization or rely on one of the law's nine specific statutory grounds for the transfer.
- Confirm a cross border transfer made without the data subject's consent fits one of the law's enumerated grounds, such as medical treatment or epidemiological research, a banking or securities transaction, an international treaty or free trade agreement commitment, intelligence cooperation against organized crime or terrorism, contractual necessity, a legal requirement to safeguard the public interest or a judicial proceeding, international judicial assistance, or a request from an international organization acting on a public register.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P2Policies, processes, and procedures for enabling data review, transfer, sharing or disclosure, alteration, and deletion are established and in place (e.g., to maintain data quality, manage data retention).
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
What it makes you log
Logging duty
Article 80 lists the cases in which personal data may be transferred abroad where the transfer needs the data subject's consent. It requires no record of a transfer or of the consent to be made or kept, and names no inspection of one. The row names no territorial hook: the article states none.
- Kind
- None
- As of
What this law does
Article 80 permits the international transfer of personal data to a foreign country or international or supranational organization, where the transfer needs the data subject's consent, only in the nine cases the article lists. The first ground is the data subject's free and conscious authorization of the transfer, or a case the law otherwise permits.
The other listed grounds cover medical data exchange for treatment or epidemiological research or for reasons of public health or hygiene, banking or securities transfers under their own applicable law, a transfer agreed under an international treaty or convention including a free trade agreement the Dominican Republic is party to, cooperation between intelligence agencies against organized crime, terrorism, human trafficking, or drug trafficking, a transfer necessary to perform a contract with the data subject or precontractual measures, a transfer legally required to safeguard the public interest or to recognize, exercise, or defend a right in a judicial proceeding or requested by a tax or customs administration, a transfer to provide or request international judicial assistance, and a transfer made at the request of an international organization with a legitimate interest from a public register.
When LexLint raises it
When your app profile says your app provides financial services or processes personal data.
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