in a nutshell
On October 24, 2022, the National Personal Information Protection Agency Guide to international transfers of personal data (“guide”).
According to Law No. 29733, Articles 11 and 15 of the Personal Data Protection Law, international transfers of personal data can only be carried out if the receiving country guarantees an adequate level of protection of the personal data. .
An international transfer of personal data occurs when an entity (the issuer) sends personal data that it is responsible for processing to another entity abroad (the recipient). For example, if a Peruvian company transfers personal data to companies of the economic group located abroad, or if these are stored on servers located abroad.
Similarly, Article 25 of the Personal Data Protection Act provides that, in order to comply with the aforementioned guarantees, an entity issuing personal data in Peru, when establishing a relationship with a receiving entity abroad, must comply with a contract or similar clause. stipulates that you can use Recipients do at least the following:
- The same obligations that the issuer bears
- Conditions under which the personal data owner consented to the processing of the information
Through this guide, the Model Contractual Clauses (CCM) for international transfers of personal data have been approved and can be voluntarily adopted by local issuing entities to comply with the guarantees indicated.
You can find the guide here.
I hope this information is useful for your company. If you need legal advice on this matter, feel free to contact us.
click here Access the Spanish version.
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