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1.
Legislative framework
Summarise the legislative framework for the protection of personally identifiable information (PII). Does your jurisdiction have a dedicated data protection law? Is the data protection law in your jurisdiction based on any international instruments on privacy or data protection?To read more
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2.
Data protection authority
Which authority is responsible for overseeing the data protection law? Describe the investigative powers of the authority.To read more
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3.
Legal obligations of data protection authority
Are there legal obligations on the data protection authority to cooperate with data protection authorities, or is there a mechanism to resolve different approaches?To read more
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4.
Breaches of data protection
Can breaches of data protection law lead to administrative sanctions or orders, or criminal penalties? How would such breaches be handled?To read more
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5.
Exempt sectors and institutions
Does the data protection law cover all sectors and types of organisation, or are some areas of activity outside its scope?To read more
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6.
Communications, marketing and surveillance laws
Does the data protection law cover interception of communications, electronic marketing or monitoring and surveillance of individuals? If not, list other relevant laws in this regard.To read more
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7.
Other laws
Identify any further laws or regulations that provide specific data protection rules for related areas.To read more
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8.
PII formats
What forms of PII are covered by the law?To read more
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9.
Extraterritoriality
Is the reach of the law limited to PII owners and processors of PII established or operating in the jurisdiction?To read more
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10.
Covered uses of PII
Is all processing or use of PII covered? Is a distinction made between those who control or own PII and those who provide PII processing services to owners? Do owners’, controllers’ and processors’ duties differ?To read more
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11.
Legitimate processing - grounds
Does the law require that the holding of PII be legitimised on specific grounds, for example, to meet the owner’s legal obligations or if the individual has provided consent?To read more
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12.
Legitimate processing - types of PII
Does the law impose more stringent rules for specific types of PII?To read more
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13.
Notification
Does the law require owners of PII to notify individuals whose PII they hold? What must the notice contain and when must it be provided?To read more
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14.
Exemption from notification
When is notice not required?To read more
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15.
Control of use
Must owners of PII offer individuals any degree of choice or control over the use of their information? In which circumstances?To read more
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16.
Data accuracy
Does the law impose standards in relation to the quality, currency and accuracy of PII?To read more
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17.
Amount and duration of data holding
Does the law restrict the amount of PII that may be held or the length of time it may be held?To read more
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18.
Finality principle
Are the purposes for which PII can be used by owners restricted? Has the ‘finality principle’ been adopted?To read more
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19.
Use for new purposes
If the finality principle has been adopted, how far does the law allow for PII to be used for new purposes? Are there exceptions or exclusions from the finality principle?To read more
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20.
Security obligations
What security obligations are imposed on PII owners and service providers that process PII on their behalf?To read more
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21.
Notification of data breach
Does the law include (general or sector-specific) obligations to notify the supervisory authority or individuals of data breaches? If breach notification is not required by law, is it recommended by the supervisory authority?To read more
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22.
Data protection officer
Is the appointment of a data protection officer mandatory? What are the data protection officer’s legal responsibilities?To read more
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23.
Record keeping
Are owners or processors of PII required to maintain any internal records or establish internal processes or documentation?To read more
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24.
New processing regulations
Are there any obligations in relation to new processing operations?To read more
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25.
Registration
Are PII owners or processors of PII required to register with the supervisory authority? Are there any exemptions?To read more
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26.
Formalities
What are the formalities for registration?To read more
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27.
Penalties
What are the penalties for a PII owner or processor of PII for failure to make or maintain an entry on the register?To read more
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28.
Refusal of registration
On what grounds may the supervisory authority refuse to allow an entry on the register?To read more
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29.
Public access
Is the register publicly available? How can it be accessed?To read more
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30.
Effect of registration
Does an entry on the register have any specific legal effect?To read more
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31.
Other transparency duties
Are there any other public transparency duties?To read more
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32.
Transfer of PII
How does the law regulate the transfer of PII to entities that provide outsourced processing services?To read more
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33.
Restrictions on disclosure
Describe any specific restrictions on the disclosure of PII to other recipients.To read more
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34.
Cross-border transfer
Is the transfer of PII outside the jurisdiction restricted?To read more
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35.
Notification of cross-border transfer
Does cross-border transfer of PII require notification to or authorisation from a supervisory authority?To read more
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36.
Further transfer
If transfers outside the jurisdiction are subject to restriction or authorisation, do these apply equally to transfers to service providers and onwards transfers?To read more
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37.
Access
Do individuals have the right to access their personal information held by PII owners? Describe how this right can be exercised as well as any limitations to this right.To read more
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38.
Other rights
Do individuals have other substantive rights?To read more
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39.
Compensation
Are individuals entitled to monetary damages or compensation if they are affected by breaches of the law? Is actual damage required or is injury to feelings sufficient?To read more
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40.
Enforcement
Are these rights exercisable through the judicial system or enforced by the supervisory authority or both?To read more
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41.
Further exemptions and restrictions
Does the law include any derogations, exclusions or limitations other than those already described? Describe the relevant provisions.To read more
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42.
Judicial review
Can PII owners appeal against orders of the supervisory authority to the courts?To read more
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43.
Internet use
Describe any rules on the use of ‘cookies’ or equivalent technology.To read more
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44.
Electronic communications marketing
Describe any rules on marketing by email, fax or telephone.To read more
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45.
Cloud services
Describe any rules or regulator guidance on the use of cloud computing services.To read more
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Updates and trends
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