MadagascarDecree No. 2023-1541, transfer of personal data abroad
Décret n° 2023-1541, arts. 62-63 (transfert de données à l'étranger)
In force.
A cross border transfer rule binding public and private bodies.
- Obligation class
- Transfer, Licensing
- Audit expectation
- none
What it requires
- Before transferring personal data abroad, ask the CMIL for authorization, showing a sufficient and appropriate level of data protection and that the data subject has enforceable rights and effective legal remedies, and do not begin the transfer until the CMIL notifies its authorization.
- As the recipient of transferred data, do not transfer it abroad again until the CMIL notifies its agreement to a request that attaches the original controller's written agreement and the appropriate safeguards.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Articles 62 and 63 require the CMIL's prior authorization for a transfer abroad and for an onward transfer. They state no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
Article 62 requires a controller to send the CMIL a prior request to transfer data abroad, justifying a sufficient and appropriate level of data protection and enforceable rights and effective legal remedies for the data subject, and bars starting the transfer before the CMIL notifies its authorization. Article 62 defines appropriate contractual clauses as those agreed between the controller in the sending country and the controller in the receiving country.
Article 62 defines the adoption of internal rules as integrating provisions into administrative arrangements between public authorities that give data subjects enforceable and effective rights. Article 63 requires the recipient of transferred data to ask the CMIL before transferring it abroad again, attaching the original controller's written agreement and the appropriate safeguards of the preceding article, and bars the onward transfer before the CMIL notifies its agreement.
When LexLint raises it
When your app profile says your app processes personal data.
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