GuineaLoi n° L/2016/037/AN, protection des données à caractère personnel, transfert vers un pays tiers
Loi n° L/2016/037/AN, art. 28 (transfert vers un pays tiers)
In force since .
A cross border transfer rule binding public and private bodies.
- Obligation class
- Transfer
As of .
What it requires
- Transfer personal data to a third country, meaning a State that is not a member of ECOWAS (CEDEAO), only if that State ensures a level of protection of privacy, freedoms and fundamental rights superior or equivalent to the one the law requires (Article 28).
- Before any actual transfer to such a third country, obtain the prior authorization of the personal data protection Authority (Articles 7 and 28).
These lines are LexLint's reading of the law's text, as of .
What this law does
Article 1 defines a third country as any State that is not a member of ECOWAS (CEDEAO). Article 28 allows a controller to be authorized to transfer personal data to a third country only if that State ensures a level of protection of privacy and of fundamental freedoms and rights that is superior or equivalent with respect to the processing the data undergoes or may undergo.
Article 28 requires the controller, before any actual transfer to that third country, to obtain the prior authorization of the personal data protection Authority. Article 28 subjects every transfer to a third country to strict and regular control by the Authority in light of its purpose.
When LexLint raises it
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