QFC Data Protection Regulations 2021, transfers out of the QFC
QFC Data Protection Regulations 2021, Arts. 23-24
In force.
A cross border transfer rule binding public and private bodies.
What it requires
- An app that is a Data Controller or Data Processor subject to the QFC Regulations and transfers personal data to a recipient outside the QFC must rely on an adequacy decision of the QFC Data Protection Office, or on appropriate safeguards, a listed derogation or an approved transfer mechanism under Article 24.
These lines are LexLint's reading of the law's text.
What this law does
Article 23 of the QFC Data Protection Regulations 2021 allows a transfer of Personal Data to a Recipient in a jurisdiction outside the QFC if the Data Protection Office has decided that the jurisdiction has an adequate level of protection. Article 24 allows a transfer to a jurisdiction without that decision only if appropriate safeguards are provided, a listed derogation applies, the limited circumstances of paragraph (4) apply, or the transfer rests on an approved transfer mechanism.
The appropriate safeguards of Article 24(2) include a legally binding agreement between the parties that includes standard data protection clauses adopted by the Data Protection Office. Under Article 33(2)(I) the Data Protection Office may order the suspension of data transfers to a Recipient outside the QFC.
When LexLint raises it
When your app profile says your app processes personal data.
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