On 24 October 2022, the National Authority for the Protection of Personal Data approved a Guide to the International Transfer of Personal Data (“Guide“).
According to articles 11 and 15 of Law No. 29733, Personal Data Protection Act, international transfer of personal data can only be carried out when a sufficient level of protection of personal data is guaranteed in the recipient country.
An international transfer of personal data occurs when an entity (issuer) sends personal data whose processing is its responsibility to another entity (recipient) abroad; for example, when a Peruvian company transfers personal data to a company of its economic group located abroad or these are stored on servers located abroad.
Likewise, article 25 of the Personal Data Protection Law establishes that, in order to comply with the aforementioned guarantees, the entity issuing the personal data in Peru, when establishing a relationship with the receiving entities abroad, may use contractual or similar clauses that establish for the recipient at least the following:
- The same obligations to which the issuer is subject
- The conditions under which the owner of the personal data consented to the processing of their information
Through the Guide, model contractual clauses (CCM) for the international transfer of personal data are approved and can be voluntarily employed by local issuing entities to comply with the indicated guarantees, which will be subscribed by the receiving entity from abroad.
You can find the Guide here.
We hope that this information will be useful to your company. If you require legal advice on this issue, do not hesitate to contact us.
Click here to access the Spanish version.
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