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Law / Niger

Loi n° 2022-59, transfert transfrontalier des données

Loi n° 2022-59, arts. 62-63 (transfert des données vers un autre État)

In force.

A cross border transfer rule binding public and private bodies.

Obligation class
Transfer, Security
Audit expectation
none

What it requires

  • Before transferring personal data to another State, confirm that State ensures a sufficient level of protection for privacy and fundamental rights and freedoms, weighing its data-protection laws and regulations, the existence of a protection authority, applicable international conventions, or HAPDP-approved safeguards.NIST Privacy FrameworkCT.PO-P2
  • Before any transfer, implement technical and organisational security measures, including encryption and measures for availability, confidentiality, integrity and system resilience, and obtain the HAPDP's authorisation for the transfer.NIST Privacy FrameworkCT.PO-P2NIST Privacy FrameworkPR.DS-P2
  • Expect the HAPDP to be able to withdraw its transfer authorisation at any time if exceptional circumstances arise in the destination country.
  • Where the destination State does not ensure adequate protection, transfer personal data only on the data subject's specific, free, informed and unambiguous consent after telling them the risks, or under another listed ground such as a vital or public interest, a law or treaty applied after the HAPDP's opinion, or a HAPDP-approved contract or binding corporate rules.NIST Privacy FrameworkCT.PO-P2

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).
  • PR.DS-P2Data-in-transit are protected.
NIST CSF 2.0
  • PR.DS-01The confidentiality, integrity, and availability of data-at-rest are protected
FINOS AIGF
1 more

Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. 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 62 lets personal data go to another State only if it gives adequate protection, and requires security measures and the HAPDP's authorisation before any transfer; article 63 lists the grounds for a transfer to a State without adequate protection, including the data subject's specific, free, informed consent after being told the risks, which is a condition of the transfer and states no record. Neither names a log or a register of transfers; the register of operations in article 64 (which includes transfers) sits outside this row.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

Article 62 bars transferring personal data to another State unless that State ensures a sufficient level of protection for privacy and fundamental rights and freedoms, assessed by its data-protection laws, regulations and the existence of a protection authority, or by the international conventions it has joined or safeguards the HAPDP has approved, and requires the controller to first implement technical and organisational security measures, including encryption, availability, confidentiality, integrity and system resilience, and to obtain the HAPDP's authorisation before the transfer.

The HAPDP may withdraw that authorisation at any time if exceptional circumstances arise in the destination country.

Article 63 permits a transfer to a State that does not ensure adequate protection only where the data subject gave specific, free, informed and unambiguous consent after being told the risks of the missing safeguards, the transfer safeguards a vital or public interest, a law or regulation authorises it after the HAPDP's opinion, a bilateral or multilateral agreement Niger has joined applies, a HAPDP-approved contract or binding corporate rules guarantee adequate protection, or the transfer serves a legal claim or a contract in the data subject's interest.

Article 113, the closing article, orders publication in the Journal Officiel and execution as a law of the State, but names no day of the Law's own entry into force, and no commencement notice has been located in the Journal Officiel.

When LexLint raises it

When your app profile says your app processes personal data.

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