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Is there a National Data Protection Law?

Africa
Egypt

Resolution No. 151 of 2020 approving the Law on the Protection of Personal Data was published, on 15 July 2020, in the Official Gazette.

Ghana

Yes – Data Protection Act 2012 (the "DPA").

Morocco

Yes – Law No. 09-08 relating to the protection of individuals with regard to the processing of personal data.

Nigeria

Yes – the Nigeria Data Protection Regulation 2019 (the "NDPR").

South Africa

Yes – the Protection of Personal Information Act 4 of 2013 (Act) (the "POPIA").

Tunisia

Yes – No. 2004-63, 27 July 2004 on the Protection of Personal Data (the Law).

Zimbabwe

Yes – the Data Protection Act [Chapter 11:12] (originally referred to as the Cyber Security and Data Protection Bill).

Asia
Cambodia

No. However, Cambodia's constitution provides for citizens' rights to privacy. The Civil Code recognises the personal right to identity, dignity, privacy and other personal interests of an individual. Under the Penal Code, the disclosure of secrets and the interception of private communication or mishandling of data are criminal offences.

China

Yes – the Personal Information Protection Law (the "PIPL"). The Cybersecurity Law (the "CSL") and the Data Security Law (the "DSL") also contribute towards China's overall data protection regime.

Hong Kong

Yes – the Personal Data (Privacy) Ordinance 1996 as amended in 2013 (the "PDPO"). Most recently the Personal Data (Privacy) (Amendment) Ordinance (the "Amendment Ordinance") came into force in October 2021 ,introducing new offences.

India

No - currently Indian data protection requirements are located across multiple sources. However the draft Personal Data Protection Bill 2019 is currently being considered.

Indonesia

No - there is currently no general personal data protection law. However, the draft of the Personal Data Protection Act (the "PDP Bill') has been officially submitted to the House of Representatives.

Iran

No

Israel

Yes – the Protection of Privacy Law (the "PPL") and the Data Security Regulations.

Japan

Yes – the Act on the Protection of Personal Information (as amended) (the "APPI").

Malaysia

Yes – the Personal Data Protection Act 2010 (the "PDPA"). The Ministry of Communications and Multimedia carried out a public consultation in relation to proposed PDPA amendments in February 2020.

Myanmar

No

Pakistan

No – there is no general personal data protection law. However, the Personal Data Protection Bill 2021 (the "Bill') has been released on the Ministry of Information Technology & Telecommunication's website for public comment.

Philippines

Yes - Republic Act No. 10173, known as the Data Privacy Act of 2012 (the “Data Privacy Act”).

Qatar

Yes – Law No. 13 of 2016 Concerning Personal Data Protection (the "Data Protection Law") was passed in November 2016. A separate legal regime applies to entities licensed in the Qatar Financial Centre (the "QFC").

Russia

Yes – the Federal Law of 27 July 2006 152-FZ on Personal Data.

Saudi Arabia

Yes – the Personal Data Protection Law the "PDPL" and the Personal Data Protection Interim Regulations (the "PDPIR").

Note: the PDPL was to become effective on 23 March 2022 but has been

Singapore

Yes – the Personal Data Protection Act 2012 (the "PDPA").

Taiwan

Yes – the Personal Data Protection Act 2010 (as amended in 2015) Personal Data Protection Act 2010 (as amended in 2015) (the "PDPA').

Thailand

Yes – the Personal Data Protection Act 2019 (the "PDPA").

Turkey

Yes - the Law on Personal Data Protection No.6698.

United Arab Emirates

Yes – the Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data Protection (the "PDPL"). The PDPL keeps intact existing data protection and privacy laws within the UAE's financial free zones which include:

Abu Dhabi Global Market ("ADGM") – the Data Protection Regulations 2015. This was amended by the Data Protection (Amendment) Regulation 2018 - Dubai International Financial Centre ("DIFC") – the Data Protection Law 2007.

Vietnam

No – only in draft. The most comprehensive legal framework on data protection in the Law on Cyber Information Security (the "LCIS")

Europe
Austria

Yes – the Federal Act on the Protection of Individuals With Regard to the Processing of Personal Data (Data Protection Act (DSG) BGBI. I No. 165/1999) (last amended in 2019) and the GDPR.

Belgium

Yes - The Act of 30 July 2018 on the Protection of Natural Persons with Regard to the Processing of Personal Data (the "Act"), and the GDPR.

Bulgaria

Yes – the Bulgarian Personal Data Protection Act (the "PPDA") and the GDPR.

Czech Republic

Yes – the Personal Data Processing ("PDPA") Act No. 110/2019 Coll. came into force on 24 April 2019, implementing the GDPR and Act No. 111/2019 amending certain laws in connection with the adoption of the PDPA.

Denmark

Yes – the Act No. 502 of 23 May 2018 on Supplementary Provisions to the Regulation on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data (the "Data Protection Act"), which implemented the GDPR.

England & Wales

Yes – the Data Protection Act 2018 and the UK GDPR.

France

Yes – Information Technology, Data Files and Civil Liberty No.78-17 dated 6 January 1978 - An updated version of the law incorporating the GDPR provisions was enacted 20 June 2018 as law No. 2018-493 regarding the protection of personal data and the GDPR.

Germany

Yes – the Federal Data Protection Act of 30 June 2017 (the "BDSG") (implementing the GDPR) (as amended) and the GDPR.

Greece

Yes – Law No. 4624/2019 on the Personal Data Protection Authority, implementing the GDPR and transposing into national law Data Protection Directive with respect to law enforcement and other provisions.

Hungary

Yes – on 17 July 2018, the Hungarian Parliament adopted Act XXXVIII of 2018, the Hungarian national law supplementing the General Data Protection Regulation, amending Act No. CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information (the "Amendment").

Iceland

Yes – Act 90/2018 on Privacy and Processing of Personal Data, substituting Act no. 77/2000 and implementing the GDPR.

Ireland

Yes – the Irish Data Protection Act 2018 (the "DP Act") and the GDPR.

Italy

Yes – the Italian Council of Ministers approved the Legislative Decree n.101/2018 harmonising the Italian Privacy Code, other national laws and the GDPR.

Luxembourg

Yes – Act of 1 August 2018 concerning the organisation of the CNPD and the General Data Protection Regulation.

Malta

Yes – the GDPR has been implemented through the Maltese Data Protection Act 2018 (Chapter 586 of the Laws of Malta) (the "DPA”).

Netherlands

Yes – the GDPR implemented through the Dutch Implementation Act (Uitvoeringswet Algemene Verordening gegevensbescherming - the “UAVG”). The UAVG is to a large extent identical to the old Dutch Personal Data Protection Act.

Poland

Yes – the Personal Data Protection Act (the "PDPA") came into force on 25 May 2018, implementing the GDPR.

Romania

Yes – Law no. 190/2018 and the GDPR.

Scotland

Yes – the Data Protection Act 2018 and the UK GDPR.

Slovakia

Yes – Act No. 18/2018 Coll on the Protection of Personal Data and the GDPR.

Slovenia

Yes – the Personal Data Protection Act 2004 (the "Act") and the GDPR. Slovenia has not yet adopted the new Personal Data Protection Act.

Spain

Yes – Organic Law 3/2018, of 5 December 2018, on the Protection of Personal Data and Guarantee of Digital Rights (the "NLOPD") and the GDPR.

Sweden

Yes – the Data Protection Act (2018:218) (the "DPA") with its complementary provisions (2018:19) and the GDPR.

Switzerland

Yes – the Federal Act on Data Protection (the "FADP").
Note: the revised FADP which is expected to enter into force between
mid-2022 and beginning of 2023 aims to align the current law with the
GDPR.

Ukraine

Yes – the Law of 1 June 2010 No. 2997-VI on Personal Data Protection, as amended (the "PDPL").

North America
Canada

Yes – the Canadian Federal Personal Information Protection and Electronic Documents Act 2000 ("PIPEDA") and Privacy Act 1985.

Costa Rica

Yes – Law on the Protection of Persons Regarding the Processing of their Personal Data No. 8968 of 2011 (the "Data Protection Law") and Executive Decree No. 37554-JP of 30 October 2012 Regulating Law No. 8968

Cuba

No – Cuba regulates data privacy and protection issues through the constitution as well as various decrees and regulations.

Mexico

Yes – the Federal Law on the Protection of Personal Data held by Private Parties (the "LFPDPPP") and the Regulation of the Federal Law on Protection of Personal Data Held by Private Parties (the "Regulation").

Panama

Yes – Law No. 81 on Personal Data Protection 2019 supplemented by
Executive Decree No. 285 of May 28 2021 (together the "Data Protection
Law").

United States

There is no general, federal data protection law in place. Instead, there are a number of sectoral, federal and state laws.

Oceania
Australia

Yes - the Privacy Act 1988 as amended in 2012 and supported by the Australian Privacy Principles (the "APPs"). There is different legislation at State and Territory level too, as well as sector-specific legislation.

New Zealand

Yes – the Privacy Act 2020 (the "Act").

South America
Argentina

Yes – the Personal Data Protection Act, Act No. 25.326 of 2000 (the "Act"') and Decree No. 25.326.

Brazil

Yes – the Brazilian General Data Protection Law (the "LGPD"), Federal Law no. 13,709/2018, has been in force since September 18, 2020. The LGPD is Brazil’s first comprehensive data protection regulation and it is largely aligned to the EU GDPR.

Chile

Yes – the Protection of Private Life Act (Law 19,628) (1999) (the "PDPL").

Note – Draft Bill No. 11144-07 Regulating the Protection and Processing of Personal Data and Creating the Data Privacy Authority ("the Bill") aims to modernise the PDPL based on the EU GDPR but has yet to successfully pass through the legislative process.

Colombia

Yes – the General Provisions for the Protection of Personal Data (the "The Data Protection Law" (Law 1581 of 2012)).

Peru

Yes – the Personal Data Protection Law (29. 733) (2011) (the "PDPL")
together with Supreme Decree 003-2013 Regulation of the PDPL which
expanded, developed and clarified the requirements of the PDPL.

Uruguay

Yes – the Protection of Personal Data and Habeas Data Action (Law 18,331) (2008) and Decree No. 414/009 Regulating Law 18.331 Relating to the Protection of Personal Data.

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Is there a specific National Data Protection regulator/authority?

Africa
Egypt

No - under the Protection of Personal Data Law it will be the Personal Data Protection Centre (the "DPC") however they are not yet operational.

Ghana

Yes – Data Protection Commission (the "DPC").

Morocco

Yes – National Commission for the Protection of Personal Data (the "CNDP").

Nigeria

Yes – the National Information Technology Development Agency (the "NITDA")

South Africa

Yes – the Information Regulator. This has been established but is not yet fully operational.

Tunisia

Yes – the National Authority for Protection of Personal Data (the "INPDP").

Zimbabwe

Yes – the Postal and Telecommunication Regulatory Authority of Zimbabwe (the "POTRAZ").

Asia
Cambodia

No

China

Yes – the Cyberspace Administration of China (the "CAC").

Hong Kong

Yes – the Office of the Privacy Commissioner for Personal Data (the "PCPD").

India

No

Indonesia

No

Iran

No

Israel

Yes – the Privacy Protection Authority (the "PPA")

Japan

Yes – the Personal Information Protection Commision (the "PPC").

Malaysia

Yes – the Personal Data Protection Commissioner (the "PDP Commissioner") under the Ministry of Communications and Multimedia.

Myanmar

No

Pakistan

No

Philippines

Yes – the National Privacy Commission ("NPC").

Qatar

Yes – the QFC Authority for entities licensed in the QFC. The Compliance and Data Protection Department (the "CDP") oversees data protection otherwise.

Russia

Yes – the Federal Service for Supervision of Communications, Information Technologies and Mass Media (the "Roskomnadzor").

Saudi Arabia

Yes – the Saudi Data & Artificial Intelligence Authority (the "SDAIA").

Singapore

Yes – the Personal Data Protection Commission.

Taiwan

Yes – the National Development Council (the "NDC").

Thailand

Yes – the Personal Data Protection Committee (the "PDPC").

Turkey

Yes – the Personal Data Protection Authority (the "KVKK").

United Arab Emirates

The UAE Data Office. However, this is not yet operational.

Vietnam

Yes – the Ministry of Information and Communications and the Ministry of Public Security.

Europe
Austria

Yes – the Austrian Data Protection Authority (the "DSB").

Belgium

Yes – the Data Protection Authority (the "'Belgian DPA").

Bulgaria

Yes – the Commission for Personal Data Protection (the "CPDP").

Czech Republic

Yes – the Office for Personal Data Protection (the "UOOU").

Denmark

Yes – Danish data protection agency ("Datatilsynet").

England & Wales

Yes – the UK Information Commissioners Office (the "ICO").

France

Yes – the Commission Nationale Informatique et Liberté, (the "CNIL").

Germany

Yes – the The Federal Commissioner for Data Protection and Freedom of Information (the "BfDI"). Please note that there are also regional laws and regulators.

Greece

Yes – the Hellenic data protection authority (the "HDPA").

Hungary

Yes – the National Authority for Data Protection and Freedom of Information (the "NAIH").

Iceland

Yes – the Icelandic data protection authority (the "Persónuvernd").

Ireland

Yes – the Irish Data Protection Commissioner (the "DPC").

Italy

Yes – the Italian data protection authority (the "Garante").

Luxembourg

Yes - National Commission for Data Protection (the "CNPD").

Malta

Yes – the Maltese Office of the Information and Data Protection Commissioner (the "IDPC").

Netherlands

Yes, Dutch data protection authority (the "AP").

Poland

Yes – Polish data protection authority (the "UODO").

Romania

Yes – the National Supervisory Authority for Personal Data Processing (the "ANSPDCP").

Scotland

Yes – the UK Information Commissioner's Office (the "ICO").

Slovakia

Yes – the Office for Personal Data Protection of the Slovak Republic (the "ÚOOÚ").

Slovenia

Yes – the Information Commissioner.

Spain

Yes – the Spanish Data Protection Agency (the "AEPD").

Sweden

Yes – the Swedish Authority for Privacy Protection.

Switzerland

Yes – the Federal Data Protection and Information Commissioner (the "FDPIC").

Ukraine

Yes – the Ukrainian Parliament's Commissioner for Human Rights.

North America
Canada

Yes – the Office of the Privacy Commissioner of Canada (the "OPC").

Costa Rica

Yes – the Agency for the Protection of Individual's Data (the "PRODHAB").

Cuba

Yes - the Ministry of Communications.

Mexico

Yes – the National Institute of Transparency for Access to Information and Personal Data Protection (the "INAI").

Panama

Yes – the National Authority for Transparency and Access to Information (the "ANTAI').

United States

Yes – the Federal Trade Commission (the "FTC") takes enforcement action against organisations for violations of Section 5 of the FTC Act, which prohibits unfair or deceptive acts in or affecting commerce.

Oceania
Australia

Yes – the Office of the Australian Information Commissioner (the "OAIC").

New Zealand

Yes – the Office of the Privacy Commissioner of New Zealand.

South America
Argentina

Yes – the Argentinian Data Protection Authority (the "AAIP").

Brazil

Yes – the National Data Protection Authority (the "ANPD").

Chile

No – There is no specific authority however other Chilean authorities have claimed jurisdiction to regulate data protection including the National Consumer Service ("SERNAC"), Commission for the Financial Market (the "CMF") and the Chilean Transparency Council (the "CPLT").

Colombia

Yes – the Colombian Data Protection Authority, a branch of The Superintendency of Industry and Commerce (the "SIC").

Peru

Yes – the National Authority for the Protection of Personal Data (the "APDP").

Uruguay

Yes – the Uruguayan data protection authority (the "URCDP").

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Is there a data processing notification requirement to the Regulator?

Africa
Egypt

Yes – the processor of personal data is obligated to obtain a license from the DPC.

Ghana

No - however DPA requires data controllers that control or process and use personal data to register with the DPC. It is recommended that data processors do so too.

Morocco

Yes – the processing of personal data requires prior notification to the CNDP.

Nigeria

Yes – a data controller who processes the personal data of more than 1,000 data subjects in a period of 6 months or 2,000 subjects in a period of 12 months must submit the summary of a required audit to the NITDA.

South Africa

No – however, prior authorisation must be obtained from the Information Regulator before processing of personal information in certain circumstances, as prescribed by section 57 of POPI.

Tunisia

Yes – at least a month before processing to allow the INPDP to make a decision.

Zimbabwe

Yes

Asia
Cambodia

N/A

China

No

Hong Kong

No

India

No

Indonesia

No – however, an electronic system provider for public services must conduct registration.
Though it is not a requirement for electronic system providers for non-public services, they may conduct registration.

Iran

No

Israel

Yes – databases must be registered with the Database Registrar beyond a certain volume and type of data processing.

Japan

No

Malaysia

Yes – for data controllers in stipulated sectors which currently include communications, banking and financial institutions, insurance, health, tourism and hospitality, transportation, education, direct selling, services (including legal, audit, accountancy, engineering, architecture, retail or wholesale dealing, private employment agencies), real estate, utilities, pawnbrokers and moneylenders to be renewed every 12 months.

Myanmar

No

Pakistan

No

Philippines

Yes – controllers and processors must notify the NPC if they are processing the data of at least 1000 individuals or employing at least 250 employees, or if the processing is likely to pose a risk to rights and freedoms, or if the processing is not occasional.

Qatar

Yes – sensitive personal data is prohibited in the absence of having obtained advance approval from the CDP, pursuant to more detailed rules and regulations that did not accompany the law upon its issuance.

Russia

Yes – operators are to notify the Roskomnadzor prior to commencing the processing of personal data. There are exceptions where personal data is processed under employment law, made publicly available by the data subject and where data only consists of the surname, first name and patronymic of the data subject.

Saudi Arabia

No

Singapore

No

Taiwan

No

Thailand

No

Turkey

Yes - data controllers processing personal information will be required to enrol in the Registry of Data Controllers.

United Arab Emirates

There are no requirements under the PDPL.
ADGM – controllers must register with the Registrar, updated annually.

DIFC – controllers must notify the Commissioner of processing operations, updated annually.

Vietnam

No

Europe
Austria

No.

Belgium

No.

Bulgaria

No

Czech Republic

No

Denmark

The permission of Datatilsynet must be obtained where the processing of personal data is carried out for a private data controller and in a very limited number of circumstances (i.e. to assess creditworthiness or keep a legal information system).

England & Wales

No

France

No – although some processing must still be notified to the CNIL for authorisation or request for an opinion (e.g. Processing of health data for research purposes and for public interest purposes).

Germany

No

Greece

No

Hungary

No (but the prior consultation obligation under Article 36(1) of the GDPR applies).

Iceland

No (but the prior consultation obligation under Article 36(1) of the GDPR applies).

Ireland

No

Italy

No

Luxembourg

No

Malta

No – however consultation with the IDPC is required in certain instances

Netherlands

No

Poland

No

Romania

No

Scotland

No

Slovakia

No

Slovenia

No

Spain

No

Sweden

No

Switzerland

No – generally there is no requirement under the current FADP unless the
organisation regularly processes sensitive personal data or regularly
discloses personal data to third parties. The exception to this is where a
DPO has appointed and notified the FDPIC of such appointment.

Ukraine

Yes, if the data owner processes "Special Risk Data" which relates to particular rights and freedoms.

North America
Canada

No – however, where an organisation wishes to make use of personal information without the individual's knowledge or consent for statistical or scholarly study or research they must notify the Privacy Commissioner of Canada before using such information.

Costa Rica

Yes – any database, public or private, managed for distribution, dissemination or marketing purposes, must be registered with PRODHAB.

Cuba

No

Mexico

No

Panama

No

United States

No

Oceania
Australia

No

New Zealand

No – however the Privacy Commissioner may require an agency to supply information for the purpose of publishing or supplementing a directory or to enable the Privacy Commissioner to respond to public enquiries.

South America
Argentina

Yes – any private or public data file, register, base or bank intended to provide reports as well as any private person forming data files, registers, databases or databanks, which are not intended for an exclusively personal use, must register with the AAIP's registry.

Brazil

No.

Chile

No.

Colombia

Yes – companies and non-profits with assets valued higher than 100,00 tax value units and public legal entities are required to register with the National Register of Databases (the "RNBD") for each database containing personal information processed either by automatic or manual means. There are also various other rules governing deadlines to register and updates.

Peru

Yes – registration in the National Registry for the Protection of Personal Data is required and cross-border transfers of personal data must be notified to the APDP.

Uruguay

Yes – processed data should be registered.

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Is there a data transfer notification requirement to the Regulator?

Africa
Egypt

Yes – it is prohibited to transfer any personal data where the personal data was collected or prepared for processing to a foreign country unless certain requirements are met including obtaining a licence from the DPC however there are some exceptions.

Ghana

No

Morocco

Yes – any transfer of personal data to a foreign state must be subject to prior authorisation from the National Commission.

Nigeria

Yes

South Africa

No

Tunisia

Yes – authorisation is required for every transfer but for a few limited exceptions.

Zimbabwe

No

Asia
Cambodia

N/A

China

No.

Hong Kong

No

India

No

Indonesia

No

Iran

No

Israel

No

Japan

No, unless the business uses the "opt out" method (permitted by the APPI), where they can – as a default – disclose personal information to third parties.

Malaysia

No

Myanmar

No

Pakistan

No

Philippines

No

Qatar

No

Russia

No

Saudi Arabia

Yes – data controllers may only store and process personal
data outside Saudi Arabia after obtaining written approval from the
relevant regulatory authority.

Singapore

No

Taiwan

No - but certain goverment authorities may restrict transfers.

Thailand

No

Turkey

Yes – each controller requires a register and changes to this register must be notified to the Personal Data Protection Board for transfers to parties in third countries.

United Arab Emirates

DIFC – transfers outside the DIFC require notification.

Vietnam

No

Europe
Austria

No.

Belgium

No.

Bulgaria

No

Czech Republic

No

Denmark

Yes – the transfer of Special Categories of Personal Data, originally processed for scientific and statistic purposes, requires the DPA's preapproval if i) such data is to be processed outside the geographical scope of the GDPR, ii) the data constitutes biometric data or iii) if the data is to be published in a well-known paper.

England & Wales

No

France

No

Germany

No

Greece

No

Hungary

No

Iceland

No

Ireland

No

Italy

No

Luxembourg

No

Malta

No – except in the absence of an adequacy decision, the Minister may, following
consultation with the commissioner, by regulations set limits to the transfer of specific categories of personal data to a third country or international organisation for important reasons of public interest.

Netherlands

No

Poland

No

Romania

No

Scotland

No

Slovakia

No

Slovenia

No

Spain

No

Sweden

No

Switzerland

Yes

Ukraine

No – however the notification procedure requires the owners of personal data to notify the regulator about the termination of processing which is of particular risk to the rights and freedoms of data subjects.

North America
Canada

No.

Costa Rica

No

Cuba

Yes - generally entities must provide notice to lawfully collect and process personal data.

Mexico

No

Panama

No – However, under the new law the database custodians that transfer personal data stored in a database to third parties must keep a record of them, which must be available to ANTAI, if requested to do so.

United States

No

Oceania
Australia

No

New Zealand

No

South America
Argentina

No

Brazil

The transfer of personal data to other jurisdictions is allowed only subject to compliance with the requirements of the LGPD. Also, prior specific and informed consent is needed for such transfer except for limited circumstances.

Chile

No

Colombia

No

Peru

No

Uruguay

No

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Is there a requirement to have a Data Protection Officer (DPO)?

Africa
Egypt

Yes

Ghana

There is no requirement for data controllers or processors to appoint a DPO under the Act.

Morocco

No

Nigeria

Yes – The NDPR requires Data Controllers to designate a Data Protection Officer responsible for ensuring compliance with the NDPR and other applicable data protection directives. The data controller may outsource this responsibility to a verifiably competent firm or person.

South Africa

Yes.

Tunisia

No.

Zimbabwe

No – however if a DPO is appointed, POTRAZ allows for an exemption from the processing notification requirement for certain categories of data.

Asia
Cambodia

N/A

China

Yes – If an organisation handles quantities of personal information within certain thresholds (as yet unspecified by the CAC). Currently, the National Standards guideline requires a DPO and department if the primary business of an organisation is related to data processing and there are more than 200 employees, or personal data of more than 1,000,000 individuals are processed, or is expected to be processed within 12 months, or if it processes the sensitive information of more than 100,000 individuals.

Hong Kong

No, but recommended by guidelines.

India

No – but "Grievance Officers" must be appointed where sensitive personal data is collected, used, retained or transferred.

Indonesia

No

Iran

No

Israel

No – unless the entity is a possessor of five databases that require registration, a public body as defined in section 23 to the PPL, or a bank, insurance company or a company engaging in rating or evaluating credit.

Japan

No, but guidelines recommend that specific employees be assigned to control personal data (e.g. Chief Privacy Officer).

Malaysia

No. However, pursuant to PC01/2020, the PDP Commissioner is considering introducing an obligation in the PDPA for a data user to appoint a data protection officer and to introduce a guideline pertaining to such appointments.

Myanmar

No

Pakistan

No

Philippines

Yes – both data controllers and processors are required to appoint a DPO.

Qatar

No – however, there is an obligation on the data controller to the specify processors responsible for protecting personal data, to train them appropriately on the protection of personal data and raise to their awareness in relation to protecting personal data.

Russia

Yes – DPO appointment is compulsory in Russia. The DPO must be appointed by data controllers which are legal entities and must be reported to the Roskomnadzor. Any data operator being a legal entity is obliged to appoint a manager responsible for compliance of personal data. An operator which is a legal entity shall appoint a person responsible for organising the processing of personal data.

Saudi Arabia

No – under the PDPIR there is no requirement for a DPO. However,
the PDPL will introduce such a requirement.

Singapore

Yes.

Taiwan

No – however there are industry specific regulations. For example, if the data controller is a government agency, a specific person should be appointed to be in charge of the security maintenance measures.

Thailand

Yes – appointment is mandatory under the PDPA where the data controller or processor is a public authority, the activities of the data controller or processor in the collection, use or disclosure of the personal data require a regular monitoring of the personal data or the system, by the reason of having a large number of personal data and the core activity of the data controller or processor is the collection, use or disclosure of the personal data.

Turkey

No.

United Arab Emirates

Yes – if conducting data processing which would cause a high risk to the confidentiality and privacy of the data subject's personal data, if conducting data processing will involve a systematic and comprehensive assessment of sensitive personal data including profiling and automated processing or if processing large volumes of sensitive personal data.

Vietnam

No – however, certain types of organisations (e.g. information system owners, telecoms enterprises, banks, state bodies, etc.,) are required to appoint specialised information security focal points and contact persons to supervise and warn on cyber-information security.

Europe
Austria

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Belgium

Yes, if they are a public authority, their core activities consist of regular and systematic monitoring of data subjects on a large scale or their core activities consist of processing sensitive personal data on a large scale.

Under the national data protection law, a private body is required to have a DPO if:

- they process personal data for the account of a federal public authority, or a federal public authority has transferred personal data to them the processing of the data is likely to result in a high risk as defined in the GDPR; or

- their processing of personal data is likely to result in a high risk as defined in the GDPR.

Bulgaria

Yes, if they are a public authority, their core activities consist of regular and systematic monitoring of data subjects on a large scale or their core activities consist of processing sensitive personal data on a large scale.

Czech Republic

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale. Additionally, DPOs must be appointed by bodies established by law which carry out statutory tasks in the public interest.

Denmark

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

England & Wales

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale

France

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Germany

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systematic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Greece

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale

Hungary

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale (Article 37(1) GDPR requirement).

Iceland

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Ireland

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Italy

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Luxembourg

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale. Article 65 of the Act of 1 August 2018 provides for a specific obligation to appoint a DPO in the context of processing of personal data for scientific or historical research purposes or statistical purposes.

Malta

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Netherlands

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Poland

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Romania

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Scotland

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systematic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Slovakia

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systematic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Slovenia

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Spain

Yes – if the
controller/processor is a public authority, its core activities consist of
processing operations which, by virtue of their nature, scope or purposes,
require regular and systemic monitoring of data subjects on a large scale
or its core activities consist of processing sensitive personal data on a
large scale. Additionally, the NLOPD specifies that specific organisations,
such as professional associations and teaching centres, must appoint a
DPO.

Sweden

Yes – if the controller/processor is a public authority, its core activities consist of processing operations which, by virtue of their nature, scope or purposes, require regular and systemic monitoring of data subjects on a large scale or its core activities consist of processing sensitive personal data on a large scale.

Switzerland

No – however, data controllers can be dispensed from registering data files if there is a DPO who meets certain criteria.

Ukraine

No – there is no obligation to appoint a DPO except for the cases where a data controller processes Special Risk Data. However, data controllers and data processors shall establish a special department or appoint a responsible person to organise the work related to the protection of personal data during processing.

North America
Canada

Yes – PIPEDA, PIPA Alberta, and PIPA BC expressly require organisations to appoint an individual responsible for compliance with the obligations under the respective statutes.

Costa Rica

No

Cuba

No

Mexico

Yes – a specific person or department must be responsible for data protection.

Panama

No

United States

No – with the exception of entities regulated by HIPAA.

Oceania
Australia

No legal requirement but appointment of a DPO is recommended in the Privacy Management Framework and the APP Guidelines.

New Zealand

Yes – the Act requires each agency to appoint one or more individuals to be a privacy officer. The privacy officer may be within or external to the agency (i.e. the privacy officer role may be outsourced to a third party) and does not need to be a New Zealand citizen or reside in New Zealand.

South America
Argentina

Generally, there is no specific requirement to appoint a data protection officer. Under certain circumstances, in which special security standards apply, it may be necessary to appoint an officer in charge of data security.

Brazil

Yes – it is assumed all organisations (public and private) should appoint a DPO irrespective of their activities and volumes of data processing until further guidance is provided by the ANPD.

Chile

The PDPL does not require the appointment of a Data Protection Officer.

Colombia

There is no requirement to appoint a data protection officer in Colombia. Nevertheless, it is required for a specific person in the company or a designated group within the company to be in charge of personal data matters, specifically any request made by the Data Subjects.

Peru

No – however, when a company is registering its personal data bank before the authority, it can, if applicable, report that it has a Security Manager of that data bank.

Uruguay

Yes - for public entities, private entities owned by the government and private entities whose core activity is the processing of sensitive data or large amounts.

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Are there Breach Notification Requirements?

To the Regulators?

Africa
Egypt

Yes.

Ghana

Yes – such as where there are reasonable grounds to believe that the personal data of data subjects has been accessed or acquired by an unauthorised person.

Morocco

No

Nigeria

Yes – NIDTA must be notified in the event of a personal data breach.

South Africa

Yes – where there are reasonable grounds to believe that a data subject's personal information has been accessed or acquired by an unauthorised person.

Tunisia

No

Zimbabwe

Yes

Asia
Cambodia

N/A

China

Yes

Hong Kong

There is no mandatory requirement to notify the PCPD but as a matter of best practice, it is advisable to notify the PCPD and the data subjects where there would be a risk of harm if they were not notified.

India

Yes – certain types of cybersecurity breaches must be notified to the Computer Emergency Response Team (CERT-In) (Information Technology Act 2000 section 2(1)(w)).

Indonesia

No

Iran

No

Israel

Yes – to the PPA.

Japan

Yes – if the data breach incidents could harm the rights and interests of individuals.

Malaysia

No, a data breach notification regime is under consultation.

Myanmar

No

Pakistan

No

Philippines

Yes – there is a requirement to notify the NPC within 72 hours from knowledge of personal data breach.

Qatar

Yes – the controller must notify the CDP if the breach is likely to cause damage to the data subject.

Russia

No

Saudi Arabia

Yes – under the PDPIR, data controllers must notify the Regulatory Authorities immediately, and no later than 72 hours, in the event of any data breach or leak impacting personal data in accordance with the mechanisms and procedures determined by the regulatory authorities.

Singapore

Yes – if it constitutes a "notifiable breach".

Taiwan

No – however in certain industries the data collecter is required to
report to their respective industry regulator. There are also now steps
being taken to require such regulators to report breaches to the NDC
,though this has not been implemented yet.

Thailand

Yes – the personal data controller is required to notify the PDPC when the conditions under the PDPA are met

Turkey

Yes – in the event personal data is unlawfully obtained by others, the data controller must notify the Personal Data Protection Board and the data subject as soon as possible.

United Arab Emirates

Yes - under the PDPL.

ADGM – controllers must notify the Registrar as soon as reasonably practicable after an "unauthorised intrusion".

DIFC – the Commissioner of Data Protection should be notified as soon as reasonably practicable.

Vietnam

Yes, under certain circumstances – where there is a data security incident, organisations must promptly take relevant measures to mitigate and notify the relevant data subjects and relevant competent state authorities in a timely manner.

Europe
Austria

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Belgium

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Bulgaria

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Czech Republic

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Denmark

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority

England & Wales

Yes – the UK GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

France

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority

Germany

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Greece

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Hungary

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Iceland

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Ireland

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Italy

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Luxembourg

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Malta

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Netherlands

Yes – the GDPR contains a general requirement for a personal data breach to be notified to the supervisory authority.

Poland

Yes – a personal data breach must be notified to the relevant supervisory authority unless it is unlikely to result in a risk to data subjects. The notification must, where feasible, be made within 72 hours.

Romania

Yes – the GDPR contains a general requirement for a personal data breach to be notified by the controller to its supervisory authority..

Scotland

Yes – the UK GDPR contains a general requirement for a personal data breach to be notified by the controller to its supervisory authority and the ICO.

Slovakia

Yes – the GDPR contains a general requirement for a personal data breach to be notified by the controller to its supervisory authority.

Slovenia

Yes – the GDPR contains a general requirement for a personal data breach to be notified by the controller to its supervisory authority.

Spain

Yes – the GDPR contains a general requirement for a personal data breach to be notified by the controller to its supervisory authority

Sweden

Yes – the GDPR contains a general requirement for a personal data breach to be notified by the controller to its supervisory authority. Where personal data breaches fall within the Swedish Criminal Data Act (2018:1177) they shall be reported separately in accordance with the provisions of that Act.

Switzerland

No – however, the revised Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe contains a duty to notify the supervisory authority of data breaches which may seriously interfere with the rights and fundamental freedoms of data subjects.

Ukraine

Yes

North America
Canada

Yes – under PIPEDA where it is reasonable to believe the breach creates a "real risk of significant harm" to an affected individual

Costa Rica

Yes – according to Article 39 of the Decree, the data controller must inform the PRODHAB of any security vulnerabilities that have arisen. PRODHAB must be informed within 5 business days after the time of the breach.

Cuba

Yes – where personal information is leaked, lost or distorted.

Mexico

No

Panama

No

United States

Under many state laws, where more than 500 individuals are impacted, notice is must also be provided to credit bureaus.

Oceania
Australia

Yes – provisions under the Privacy Act impose an obligation to notify the OAIC if there has been an "eligible data breach" which may include in relation to personal information, credit reporting information, credit eligibility information and tax file numbers, or if there are reasonable grounds to believe one has occurred.

New Zealand

Yes – if there has been any 'privacy breach' which it is reasonable to believe has caused or is likely to cause serious harm to an individual.

South America
Argentina

Not strictly. However, the AAIP's Regulation No. 47/2018 contains a non-mandatory requirement for controllers and processors to notify the AAIP of the incident accompanying a report of the security incident that contains, at a minimum:
• the nature of the violation;
• the category of affected personal data;
• an identification of affected users; and
• the measures taken by the person responsible to mitigate the incident and measures applied to avoid future incidents.

Brazil

Yes – the controller must notify where the security incident may create risk or relevant damage to the data subjects.

Chile

No

Colombia

Yes – regardless of the nature and scope of the breach.

Peru

No

Uruguay

Yes – if it significantly affects the subjects' rights.

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To the Data Subjects?

Africa
Egypt

Yes.

Ghana

Yes – such as where there are reasonable grounds to believe personal data of data subjects has been accessed or acquired by an unauthorised person.

Morocco

No

Nigeria

Yes – the framework requires data controllers to notify a data subject
of a personal data breach where the breach will likely result in high risks
to the freedoms and rights of the data subject.

South Africa

Yes – where there are reasonable grounds to believe that a data subject's personal information has been accessed or acquired by an unauthorised person, unless the identity of the data subject cannot be established.

Tunisia

No

Zimbabwe

No

Asia
Cambodia

N/A

China

Yes – unless the data controller can effectively avoid the disclosure, loss or tampering of the data

Hong Kong

No but see above

India

No

Indonesia

Yes – must provide written notification to the owner of personal data, upon its failure to protect the personal data.

Iran

No

Israel

No – but the PPA may request that subjects be notified.

Japan

Yes – if the data breach incidents could harm the rights and interests of individuals.

Malaysia

No, a data breach notification regime is under consultation.

Myanmar

No

Pakistan

No

Philippines

Yes – there is a requirement to notify within 72 hours from knowledge of personal data breach.

Qatar

Yes – the controller must notify the data subjects if the processing is unlawful or if it is likely to cause serious damage to the personal data or the privacy of individuals.

Russia

No - however Russia adopted a requirement to notify the individuals and the data protection authority that breaches reported by an individual or the data protection authority, have been cured.

Saudi Arabia

Yes.

Singapore

Yes – if it constitutes a "notifiable breach".

Taiwan

Yes – where personal data is stolen, disclosed, altered or infringed in other ways due to the violation of the PDPL, the data controller should notify the data subject after due enquiry.

Thailand

Yes – the personal data controller is required to notify the data subject when the conditions under the PDPA are met

Turkey

Yes – see above.

United Arab Emirates

No

Vietnam

Yes, under certain circumstances – where there is a data security incident, organisations must promptly take relevant measures to mitigate and notify relevant data subjects and relevant competent state authorities in a timely manner.

Europe
Austria

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Belgium

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Bulgaria

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Czech Republic

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Denmark

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

England & Wales

Yes – the UK GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

France

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects

Germany

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Greece

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Hungary

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Iceland

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Ireland

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects

Italy

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Luxembourg

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Malta

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Netherlands

Yes – the GDPR contains a general requirement for more serious breaches to be notified to affected data subjects.

Poland

Yes – if the personal data breach is a high risk for data subjects.

Romania

Yes – the GDPR contains a general requirement for a personal data breach to be notified to affected data subjects..

Scotland

Yes – the UK GDPR contains a general requirement for a personal data breach to be notified to affected data subjects and the ICO

Slovakia

Yes – the GDPR contains a general requirement for a personal data breach to be notified to affected data subjects.

Slovenia

Yes – the GDPR contains a general requirement for a personal data breach to be notified to affected data subjects.

Spain

Yes – the GDPR contains a general requirement for a personal data breach to be notified to affected data subjects

Sweden

Yes – the GDPR contains a general requirement for a personal data breach to be notified to affected data subjects. Where personal data breaches fall within the Swedish Criminal Data Act (2018:1177) they shall be reported separately in accordance with the provisions of that Act.

Switzerland

No – depending on scale and severity of the breach, data subjects may need to be notified based on the data controller's and processor's obligation to ensure data security, principle of good faith or pursuant to contractual obligations.

Ukraine

No

North America
Canada

Yes - under PIPEDA if there is a "real risk of significant harm" as a result of the breach of security safeguards.

Costa Rica

Yes – according to Article 38 of the Decree, a data breach must be notified to the data subject within 5 business days after the breach.

Cuba

Yes – where personal information is leaked, lost or distorted.

Mexico

Yes – breaches that materially affect the property or moral rights of the data subject.

Panama

Yes

United States

All 50 US states have passed breach notification laws that require notifying state residents of a security breach involving more sensitive categories of information.

Oceania
Australia

Yes – new provisions under the Privacy Act also impose an obligation to notify relevant affected individuals. where there has been an "eligible data breach" or reasonable grounds to believe one has occurred.

New Zealand

Yes – if there has been any 'privacy breach' which it is reasonable to believe has caused or is likely to cause serious harm to an individual.

South America
Argentina

No

Brazil

Yes – the controller must notify where the security incident may create risk or relevant damage to the data subjects.

Chile

No

Colombia

No – but is it an advisable practice according to the SIC.

Peru

Yes – notification is required of 'any incident that significantly affects their property or their moral rights' as soon as the occurrence of the incident is confirmed.

Uruguay

Yes – if it significantly affects the subjects' rights.

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Are there rules on direct marketing?

Africa
Egypt

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Ghana

Yes – prior written consent is required.

Morocco

Yes – prior consent is required, however direct marketing via e-mails may be authorised if the recipient's details have been received directly from the data subject. In the absence of consent, unwanted emails can still be sent in certain limited conditions.

Nigeria

Yes

South Africa

Yes – it is prohibited unless prior consent is given by the data subject or if the email recipient is a customer of the responsible party.

Tunisia

Yes

Zimbabwe

No – there are no specific rules regarding direct marketing. However, the Consumer Protection Act does provide certain guidelines around electronic transactions.

Asia
Cambodia

N/A

China

Yes - it is only possible if the targeted consumers have explicitly consented to receiving such messages either at the time their electronic address/mobile phone number was collected or at a later time.

Hong Kong

Yes

India

No – however, the Information Technology Rules (the "Privacy Rules") do provide the right to "opt out" of email marketing, and a company's privacy policy must address marketing. Telecom service providers are also required to set up a mechanism to register requests of subscribers not to receive unsolicited commercial calls.

Indonesia

No

Iran

Under the Charter of Citizens' Rights, operators must obtain addressee consent before sending any advertisement. Personal cell phones are considered as a private zone. Sending any unwanted advertisements, or spam, is against the law.

Israel

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Japan

Yes – prior consent is required and evidence of said consent must be kept for 3 years for email advertisements and 1 year for fax advertisements after the last transmission date of an email or fax advertisement to the consumer.

Malaysia

No, however the PDPA does apply to electronic marketing activities that involve the processing of personal data for the purposes of commercial transactions. Explicit consent is also required when sending unsolicited advertisements.

Myanmar

No – there is no specific law however it would generally be covered by
the Competition Law and Consumer Protection Law.

Pakistan

No

Philippines

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Qatar

Yes – it is only permitted with the consent of the recipient and must include the identity of the sender and an indication that it is for the purpose of direct marketing with an address that can easily be reached and enable the recipient to send a message requesting the sender to cease electronic communication and enable withdrawal of consent at any time.

Russia

Yes – prior consent is required for distribution of advertising through telecommunications networks, in particular, through use of phone, fax and mobile telephone communications to data subjects.

Saudi Arabia

Yes – opt-in consent is required from data subjects to receive electronic messages.

Singapore

Yes – any organisation engaging in telemarketing activities must comply with the "Do Not Call" provisions under the act. They must first obtain explicit consent which must be evidenced in written or other form so as to be accessible for subsequent reference, must not be a condition for sale of goods, services, land, interest or opportunity and cannot be obtained through provision of false or misleading information or through deceptive or misleading practices

Taiwan

Yes – the data controller may use personal data for marketing, but when the data subject refuses marketing (right to opt-out) the data controller must cease using such data for marketing. When first marketing, the data controller should bear the costs to provide the data subject with the means to refuse marketing.

Thailand

Yes – data subjects have the right to object to direct marketing so data
controllers must ensure there is an opt-out function throughout the entire
processing period.

Turkey

E-marketing: Yes; Telemarketing: Yes – for both, commercial electronic communications can only be sent if prior consent (opt-in) has been obtained from recipients.

United Arab Emirates

Yes

Vietnam

Yes – any service provider sending advertising emails must satisfy all conditions set out in Decree 90 on Anti-Spam. Email and text message advertisements may only be sent after obtaining prior explicit consent from the recipient.

Europe
Austria

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Belgium

E-marketing:Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Bulgaria

E-marketing:Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Czech Republic

Yes

Denmark

E-marketing:Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

England & Wales

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

France

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Germany

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes.

Greece

Yes

Hungary

Yes - the related regulation is the Act XLVIII of 2008.

Iceland

Yes – only if prior consent is given, or if the email address has been obtained in the context of sale of goods/services. It may be used without prior consent provided customers are given the opportunity, free of charge, to object to such use of their email address when it is collected and each time a message is sent (Electronic Communication Act No. 81/2003).

Ireland

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Italy

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Luxembourg

Yes –E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes.

Malta

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Netherlands

Yes – the ePrivacy Directive applies.

Poland

Yes – processing based on legitimate interests does not require separate consent. However the data subject may always object to such processing. If marketing activities relate to products and services of third parties, prior consent for such processing is necessary.

Romania

Yes – it is forbidden to send commercial communications by using automatic systems that do not require the intervention of a human operator, by fax or electronic mail or any other similar method, except where data subjects have expressly consented in advance. It may be considered that SMS marketing falls under the same restrictions.
In cases where a natural or legal person has directly obtained the email address of a client upon the sale of a product/service, they may use the address for the purpose of sending commercial communications regarding similar products/services, provided that clients are clearly and expressly offered the possibility to oppose by way of an easily accessible and free-of-charge method with each commercial communication received, in a case where the customer has not initially objected.

Scotland

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Slovakia

Yes – direct marketing is authorised if the data subjects have provided prior consent, which can be withdrawn at any time.

Slovenia

Yes – the consent of an individual is required for the purposes of electronic marketing. Direct marketing is allowed where the "similar service/product" exemption applies, however customers must be given clear and distinct opportunity to refuse the use of their electronic mail address at the time of the collection of these contact details, and on the occasion of every message in the event that the customer has not initially refused such use.

Spain

Yes – there is a requirement for a legal basis for electronic marketing and where consent is relied upon, GDPR standards are to be noted along with the need for marketing forms to incorporate clearly worded opt-out mechanisms.

Sweden

Yes – there is a requirement for a legal basis for electronic marketing and where consent is relied upon, GDPR standards are to be noted along with the need for marketing forms to incorporate clearly worded opt-in mechanisms.

Switzerland

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes
Mass advertising emails must contain the sender’s correct name, address and email contact and must provide for an easy-access and free of charge 'opt-out' from receiving future advertisements. There are also Swiss-specific rules for phone marketing.

Ukraine

Yes – E-commerce Law: regulations around the distribution of marketing messages. Distribution to individuals and marketing by telephone and fax without consent is prohibited.

North America
Canada

Canada's Anti-Spam Law ("CASL") states that prior express or implicit consent is required for a commercial electronic message to be sent and the message must comply with the prescribed content and unsubscribe requirements (subject to limited exceptions).

Costa Rica

Yes – the Telecommunications Act states that marketing companies may not advertise via phone nor email unless they obtain prior and express written consent from the data subject.

Cuba

No

Mexico

Yes – consumers have the right to object to direct marketing, and may prohibit companies from disclosing their information to third parties.

Panama

Yes – there is a requirement that commercial communication emails must state they are such, include the name of the sender and set out the mechanism through which the recipient may choose not to receive any further communications from the particular sender. The client's opt-in consent is required if an entity wishes to use a client's email for

United States

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes.

Oceania
Australia

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes.

New Zealand

Yes – the Unsolicited Electronic Messages Act 2007 prohibits unsolicited commercial electronic messages (excluding internet pop-ups or voice telemarketing) with a New Zealand link and requires commercial electronic messages to include information about who authorised the message to be sent. It also requires a functional unsubscribe facility to be included and prevents the use of address-harvesting software.

South America
Argentina

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Brazil

Yes - there are no specific rules. However there are some general rules, derived from consumer codes and self-regulatory codes are relevant. If the marketing is based on the use of personal emails or phone numbers, the LGPD applies.

Chile

Yes, the Chilean Consumer Protection Act states that all marketing practices must comply with the following:
• terms and conditions and / or characteristics of the offered goods and services must be accurate;
• an expedited means to opt-out must be included in such communications; and
• every marketing email must indicate that it is an advertisement, and include the sender's identity and an email address to which a person can send an opt-out request.

Colombia

Yes – opt-in consent is required by the data subject to receive electronic marketing materials

Peru

E-marketing: Yes; Telemarketing: Yes; SMS/MMS Marketing: Yes

Uruguay

Yes – data subjects/personal data owners have the right to demand the deletion or suppression of their data from the marketing database.

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Is consent required for cookies (and similar tracking technologies)?

Opt-in?

Africa
Egypt

Yes – although there is no specific legal framework in Egypt for cookies and similar technologies, in relation to personal data, explicit consent of the data subject must be obtained.

Ghana

No

Morocco

Yes

Nigeria

Yes

South Africa

Yes

Tunisia

No

Zimbabwe

No

Asia
Cambodia

No

China

No.

Hong Kong

No

India

No – however, if used to collect sensitive personal data or information, the data collector would need to obtain the prior consent of the data subject.

Indonesia

N/A.

Iran

No

Israel

N/A

Japan

Yes – but only where the cookies can be readily collated with other information to identify a specific individual, they will thereby be deemed as personal information and require consent.

Malaysia

Yes, personal data processed through the use of cookies and similar technologies are subject to the general consent requirements pursuant to the PDPA only if the data collected by cookies falls within the definition of personal data. This is also subject to various exceptions.

Myanmar

N/A

Philippines

Yes – prior consent is needed for the processing of personal
information however there are exceptions where consent is not needed.

Qatar

Yes

Russia

Yes – in most cases unless the use of cookies is strictly necessary for the functioning of a website/app without the individual's consent.

Saudi Arabia

No

Singapore

Yes

Taiwan

No

Thailand

No

Turkey

No

United Arab Emirates

Possible requirement under certain circumstances.

Vietnam

All rules on data protection are applicable to cookies as well as location data

Europe
Austria

Yes.

Belgium

Yes

Bulgaria

No.

Czech Republic

Yes – Act No. 374/2021 amending Act No. 127/2005 Coll. On electronic communications and amending certain related acts (the "Amended Electronic Communications Act") introduces an opt-in consent regime.

Denmark

Yes – websites must obtain informed consent prior to use of cookies and similar technologies for example for statistics or marketing purposes.

England & Wales

Yes

France

Yes

Germany

Yes

Greece

Yes – the subscriber/user must provide their express consent after receiving a comprehensive and detailed notification.

Hungary

Yes

Iceland

Yes (if the use of cookies leads to the use of IP address, or other personal data).

Ireland

Yes – browser settings are a means of consent. There is no express requirement for consent to be 'prior' to the use of a cookie. A user must be provided with 'clear and comprehensive information' about the cookie.

Italy

Yes

Luxembourg

Yes – prior informed consent is required.

Malta

Yes

Netherlands

Yes

Poland

Yes

Romania

Yes – explicit prior consent to information provided in a clear and user friendly manner is required.

Scotland

Yes

Slovakia

Explicit consent is required based on clear and comprehensive information about the purpose of the processing with the exception of law enforcement authorities and other state authorities.

Slovenia

Explicit consent is required with the exception of carrying out the transmission of a communication over an electronic communications network, or if it is strictly necessary for the provision of the service of information society service that has been explicitly requested by the subscriber or user..

Spain

Yes

Sweden

Yes

Switzerland

No - but information and opt-out required.

Ukraine

No

North America
Canada

PIPEDA’s provisions regarding the collection, use and disclosure of personal information apply if the cookies are used to collect or disclose personal information. Therefore, opt-in consent is not needed unless the personal information is sensitive.

Costa Rica

N/A

Cuba

N/A

Mexico

No

Panama

N/A

United States

N/A

Oceania
Australia

No

New Zealand

No

South America
Argentina

No

Brazil

Yes, where they involve the collection and handling of personal data from a user. Unless such collection and treatment can be justified under another legal basis set forth by the LGPD (which largely align with the GDPR's legal bases).

Chile

No

Colombia

No

Peru

Yes – the data subject's consent must be obtained before cookies can be used.

Uruguay

Yes

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Opt-out?

Africa
Egypt

No

Ghana

No

Morocco

No

Nigeria

No

South Africa

No.

Tunisia

No

Zimbabwe

N/A

Asia
Cambodia

No

China

No

Hong Kong

Yes – If a website uses cookies to collect personal data from its visitors, this should be made known and data users should inform visitors whether and how non-acceptance of the cookies would affect website functionality.

India

No

Indonesia

N/A.

Iran

No

Israel

N/A

Japan

No

Malaysia

No

Myanmar

N/A

Philippines

No

Qatar

No

Russia

No

Saudi Arabia

No

Singapore

Possible in certain circumstances.

Taiwan

Yes – consent may be presumed if the data subject does not indicate
his/her objection and provides his/her personal data after being informed
of the relevant information.

Thailand

No

Turkey

No

United Arab Emirates

Possible requirement under certain circumstances.

Vietnam

N/A

Europe
Austria

No

Belgium

No.

Bulgaria

Yes, the E-Commerce Act allows the use of cookies provided that the user has been informed of the use of cookies and they have been given the opportunity to refuse the storage of or access to such cookies.

Czech Republic

No - Act no. 127/2005 Coll. (the Electronic Communications Act) which operated an opt-out regime has now been amended to introduce an opt-in consent regime.

Denmark

Yes – Cookies may generally be used if they are required in order to perform the services requested by the user. Otherwise, users must be provided with an opt-out mechanism.

England & Wales

No (though consent is not required for cookies that are used for the sole purpose of carrying out the transmission of a communication over an electronic communications network, or strictly necessary for the provision of a service requested by the user).

France

No

Germany

Yes – if the cookies are not required in order to perform the services requested by the user.

Greece

No

Hungary

No

Iceland

N/A

Ireland

No

Italy

No

Luxembourg

No

Malta

No

Netherlands

No

Poland

No

Romania

No

Scotland

No

Slovakia

Cookies may generally be used if they are required in order to perform the services requested by the user. Otherwise, users must be provided with an opt-out mechanism.

Slovenia

No

Spain

No

Sweden

No

Switzerland

Yes

Ukraine

No

North America
Canada

PIPEDA’s provisions regarding the collection, use and disclosure of personal information apply if the cookies are used to collect or disclose personal information. Generally, companies will only have to offer an opt-out option on their websites, however such opt-out consent will only be acceptable provided certain conditions are met.

Costa Rica

N/A

Cuba

N/A

Mexico

Yes – the Guidelines to the Federal Personal Data Law contain specific provisions on the use of cookies, including notice and opt-out requirements for the use of cookies and similar technology.

Panama

N/A

United States

State online privacy laws require notice of online tracking and how to opt out of it.

Oceania
Australia

No

New Zealand

No

South America
Argentina

No

Brazil

No

Chile

Yes

Colombia

Yes – consent is required to us cookies, which may be obtained by a pop-up informing the users about the privacy policy and the way to disable cookies.

Peru

No

Uruguay

No

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Are there rules on employee monitoring?

Africa
Egypt

Yes

Ghana

Yes

Morocco

No (aside from relevant provisions of the Labour Code).

Nigeria

No

South Africa

Yes

Tunisia

Yes

Zimbabwe

No – However, the Constitution enshrines the right to privacy which is relevant to employee monitoring.

Asia
Cambodia

No

China

Yes.

Hong Kong

Yes – the PDPO including the Data Protection Principles (Schedule 1 of the Ordinance), must be complied with.

India

Yes – although there are no explicit rules, they can be implied from the courts' recognition of an individual's right to privacy. The Privacy Rules also create compliance obligations for entities involved in the collection, storage, or handling of sensitive personal data or information.

Indonesia

No – however, under Law No. 23 of 1948 concerning Manpower Supervision, the authorised government institution responsible for manpower regulation is mandated to conduct monitoring to ensure employers' the compliance of employers in respect of their obligations towards their employees.

Iran

No

Israel

Yes

Japan

Yes – APPI and the Cabinet Order to Enforce the Act on the Protection of Personal Information..

Malaysia

Yes – the PDPA applies.

Myanmar

No

Pakistan

No

Philippines

Yes – NPC Circular No. 1, series of 2016 applies to the public sector and case law governs the right to privacy.

Qatar

Yes

Russia

Yes

Saudi Arabia

Yes

Singapore

Yes

Taiwan

Yes – no direct law relating to email and phone call monitoring but employees' rights and privacy are protected in other legislation.

Thailand

Yes - the PDPA applies to employee monitoring. Thai tort law could also be applicable.

Turkey

Yes

United Arab Emirates

Yes

Vietnam

No – but may be covered by laws on protection of privacy.

Europe
Austria

Yes – there is no specific employment data protection law but employees benefit from protection afforded through constitutional rights and data protection and labour laws in relation to employee monitoring.

Belgium

Yes

Bulgaria

Yes

Czech Republic

Yes

Denmark

Yes

England & Wales

Yes

France

Yes

Germany

Yes

Greece

Yes – the GDPR implementation law alongside the GDPR is the basic framework on personal data protection which is relevant to employee monitoring. The HDPA has also issued secondary legislation more applicable in the context of employee monitoring.

Hungary

Yes – both the Hungarian Labour Code and the Info Act contain certain rules in this regard. In April 2019, the Hungarian Parliament adopted the GDPR Omnibus Act, which amends the Labour Code's general provisions on the processing of employee data. Moreover the NAIH also issued comprehensive guidelines on the practical interpretation of the relevant rules in October 2016.

Iceland

Yes

Ireland

Yes

Italy

Yes

Luxembourg

Yes – articles L.261-1 and L.261-2 of the Labour Code as well as other relevant data protection legislation.

Malta

No specific rules, aside from the Data Protection Act and various guidance and case law on workers' privacy.

Netherlands

Yes

Poland

Yes

Romania

Yes

Scotland

Yes

Slovakia

Yes

Slovenia

Yes

Spain

Yes

Sweden

Yes – but the relevant acts do not specifically target employee monitoring but rather data collection and/or monitoring in general. Labour laws will also apply.

Switzerland

Yes

Ukraine

Yes

North America
Canada

Yes, derived from statutory, contract and common law rules (at both federal and provincial level).

Costa Rica

No sector specific laws regulating employee monitoring however employees benefit from protection afforded by constitutional rights as well as labour laws and the Data Protection Law.

Cuba

No

Mexico

Yes

Panama

Yes

United States

Yes – located across sectoral and state law. Connecticut and Delaware have legislation explicitly for employee monitoring.

Oceania
Australia

Yes – there is no single act or regulation that governs employee surveillance by employers in Australia. The legislation which applies depends on the type of surveillance that and the state in which this surveillance is done.

New Zealand

Yes

South America
Argentina

Yes – employees benefit from constitutional rights and protection under various data protection law and labour law in relation to employee monitoring. Furthermore, in certain contexts, employee monitoring can attract criminal liability.

Brazil

Yes – under the LGPD, the Brazilian constitution, the Brazilian Internet Law, the consumer code, the Consolidated Labour Law and Federal Decree-Law No. 2.848 of 7 December 1940, Criminal Code.

Chile

Yes, various provisions of the Labour Code and the Chilean Constitution 2012.

Colombia

Yes

Peru

No specific rules, but there are laws of a general nature.

Uruguay

No

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Are there rules on data transfers?

Africa
Egypt

Yes – transferring personal data outside Egypt can only be done subject to approvals and certain requirements. There are exceptions to this.

Ghana

There are no specific provisions in the Act on the transfer of personal data. However, the sale, purchase, knowing or reckless disclosure of personal data or information is prohibited.

Morocco

Yes – if international, the data subject’s consent and CNDP authorisation is required.

Nigeria

Yes – the NDPR prohibits the transfer of data to third parties locally or internationally unless in compliance with its provisions.

South Africa

Yes – transfer of personal information about a data subject to a third party who is in a foreign country is not permitted under the Act unless an exception applies.

Tunisia

Yes – the Act prohibits the transfer of personal data to a foreign country where this is likely to harm the public security or vital interests of Tunisia. Transfers of personal data are not permitted to countries which do not provide adequate protection. The transfer of personal data is generally prohibited or subject to strict measures, including prior authorization and the explicit consent of the person in question, which is mandatory.

Zimbabwe

Yes – foreign country recipients of data transfers must have adequate levels of protection and the POTRAZ lays down categories of processing operations where the transfer of data to countries outside the Republic of Zimbabwe is not authorised.

Asia
Cambodia

No

China

No explicit law but data transfers are only allowed where: the subject has expressly consented; there is explicit legal or regulatory permission; there is consent from the competent authority. Additional rules apply to cross-border transfers.

Hong Kong

Yes – transfers within jurisdiction do not require consent. However the data user must adopt certain measures. Transfers outside of jurisdiction are permitted subject to the introduction of an international transfer restriction which has not yet been implemented.

India

Yes – data transfers of sensitive information can only be made when: (i) the recipient ensures the same level of protection that is respected by the body corporate under the Rules; and either (ii) the transfer is necessary for the performance of a contract between the body corporate or any person on its behalf, or (iii) that person has consented to the data transfer. Data that is not regarded as sensitive personal information may be freely transferred. There are also sector-specific restrictions.

Indonesia

Yes – consent from the data owner is required for the use of personal data within the jurisdiction. Further requirements exist for the transfer of data outside of the jurisdiction.

Iran

The Charter of Citizens' Rights prohibits data transfers without express data subject consent.

Israel

Yes – data cannot be transferred abroad unless the country where the data is transferred ensures a level of protection which is not lower than the level of protection ensured in Israel, or one of the listed conditions is met.

Japan

Yes – personal data may not be disclosed to a third party without the prior consent of the individual, unless the business operator handling the personal information adopts the opt-out method.

Malaysia

Yes – data transfers cannot take place unless the foreign country, where the data is being transferred, is specified and published in the Official Gazette by the Minister of Communication and Multimedia and such transfers are only permitted where certain criteria (e.g. the data subject has given his consent to the transfer of data, etc.) are met.

Myanmar

Yes – by implication from relevant laws, transfer of personal data
requires consent.

Pakistan

Yes – transfers of identity information cannot be made without consent. Also Pakistan prohibits data transfers to countries it does not recognise, which includes Israel, Taiwan, Somaliland, Nagorno Karabakh, Transnistria, Abkhazia, Northern Cyprus, Sahrawi Arab Democratic Republic, South Ossetia and Armenia.

Philippines

No – however, the controller is accountable for complying with the Republic Act No.10173 and it must use contractual or other reasonable means to provide a comparable level of protection when the information is being processed by a third party.

Qatar

Yes – controllers may process and transfer personal data when the
subject consents or without consent if deemed necessary for realising a
'lawful purpose'. A controller is not permitted to do anything which may block the flow of personal data across borders", unless the act of processing in question is otherwise in violation of the law or likely to cause serious damage to the personal data or privacy of the individual.

Russia

Yes – prior to transfer of the personal data out of Russia, the data controller must ensure the recipient state provides adequate protection of personal data. When there is no adequate protection cross border transfers are permitted if certain conditions are met.

Saudi Arabia

Yes

Singapore

Yes – an organisation must not transfer any personal data outside Singapore except in accordance with prescribed requirements.

Taiwan

Yes - a regulatory authority can choose to limit the transfer of data under specified circumstances.

Thailand

The PDPA prohibits the transfer of personal data to third countries where data protection regulations are substantially deficient, except when the transfer is carried out according to certain rules prescribed by the regulator.

Turkey

Yes – personal data can be transferred to third parties with the explicit consent of the data subject. The conditions and exemptions applied to collection and processing of personal data also apply to the transfer of personal data to third parties.

United Arab Emirates

Yes – the recipient country must have adequate level of data protection.

Vietnam

Yes

Europe
Austria

Yes

Belgium

Yes

Bulgaria

Yes

Czech Republic

Yes

Denmark

Yes

England & Wales

Yes

France

Yes

Germany

Yes

Greece

Yes

Hungary

Yes

Iceland

Yes.

Ireland

Yes – the Data Protection Act implements the GDPR rules and adds further restrictions.

Italy

Yes

Luxembourg

Yes – article 65 of the Act of 1 August 2018 provides specific technical measures that must be in place for limited categories of processing (processing of personal data for scientific/historical research purposes or for statistical purposes and processing for archiving purposes in the public interest).

Malta

Yes

Netherlands

Yes

Poland

Yes

Romania

Yes

Scotland

Yes

Slovakia

Yes

Slovenia

Yes

Spain

Yes

Sweden

Yes

Switzerland

Yes

Ukraine

Yes

North America
Canada

Yes

Costa Rica

Yes – transfer of personal information is authorised by the Laws if the data subject provides prior, express and valid written consent to the company that manages the database. There are also specific limitations regarding cross-border transfers of personal information.

Cuba

No

Mexico

Yes – There are
different restrictions for transfers between data controllers and data
transmissions.

Panama

Yes – the Data Protection Law sets a list of conditions to be met for a transfer to be lawful.

United States

No – there are generally no geographic transfer restrictions that apply in
the US, except with regard to storing some governmental records and
information.

Oceania
Australia

Yes – personal information may only be disclosed to organisations outside Australia where the disclosing entity has taken reasonable steps to ensure the overseas recipient does not breach the APPs in relation to that disclosed personal information.

New Zealand

Yes - subject to compliance with the Information Privacy Principles, personal information may be transferred to a third country without restriction. However, both the Privacy Act and the HIPC will continue to apply to personal information and health information even when it is transferred out of New Zealand.

South America
Argentina

Personal data may only be transferred for legitimate purposes of the transferor and the transferee, and generally with the prior consent of the data subject who must be informed of the transfer’s purpose and of the transferee’s identity. This consent may be rescinded.

The cross-border transfer of personal data is prohibited to countries or international or supranational organisations which do not provide adequate protection to such data. Exceptions apply.

Brazil

There is a general restriction on all international data transfers under the LGPD. However, the LGPD does provide for certain exceptions where the international transfer of personal data is permissible (similar to the GDPR's exceptions).

Chile

Yes

Colombia

Yes

Peru

Yes – prior consent is required and it must be sent to an adequate country.

Uruguay

Yes – international data transfers are only permitted if the country or international organisation provides an adequate level of protection.

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Does this country have EU adequacy? (non-EU only)

Imports from the EU?

Africa
Egypt

No

Ghana

No

Morocco

No

Nigeria

No

South Africa

No

Tunisia

No

Zimbabwe

No

Asia
Cambodia

No

China

No

Hong Kong

No

India

No

Indonesia

No

Iran

No

Israel

Yes

Japan

Yes

Malaysia

No

Myanmar

No

Pakistan

No

Philippines

No.

Russia

No

Saudi Arabia

N/A

Singapore

No

Taiwan

No

Thailand

No

Turkey

No

United Arab Emirates

No

Vietnam

No

Europe
Austria

N/A

Belgium

N/A

Bulgaria

N/A

Czech Republic

N/A

Denmark

N/A

England & Wales

N/A

France

N/A

Germany

N/A

Greece

N/A

Hungary

N/A

Iceland

Yes

Ireland

N/A

Italy

N/A

Luxembourg

N/A

Malta

N/A

Netherlands

N/A

Poland

N/A

Romania

N/A

Scotland

Yes

Slovakia

N/A

Slovenia

N/A

Spain

N/A

Sweden

N/A

Switzerland

Yes

Ukraine

Yes

North America
Canada

Yes - The European Commission has recognised that PIPEDA provides adequate protection for certain personal data transferred from the EU to Canada.

Costa Rica

No

Cuba

No

Mexico

No

Panama

No

United States

Yes – under the Trans-Atlantic Data Privacy Shield Framework.

Oceania
Australia

No - but The European Union has an agreement in place for the transfer of personal data from the EU to Australia in relation to Passenger Name Records.

New Zealand

Yes

South America
Argentina

Yes

Brazil

No

Chile

No

Colombia

No

Peru

No

Uruguay

Yes

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Exports to the EU from this country?

Africa
Egypt

No

Ghana

No

Morocco

No

Nigeria

No

South Africa

No

Tunisia

No

Zimbabwe

No

Asia
Cambodia

No

China

No

Hong Kong

No

India

No

Indonesia

No

Iran

No

Israel

Yes

Japan

Yes

Malaysia

No

Myanmar

No

Pakistan

No

Philippines

No.

Russia

Yes – there are laws on server localisation within Russia.

Saudi Arabia

No – but it is recommended that consent is sought from data subjects prior to any international transfer.

Singapore

No

Taiwan

No

Thailand

No

Turkey

No

United Arab Emirates

No

Vietnam

No

Europe
Austria

N/A

Belgium

N/A

Bulgaria

N/A

Czech Republic

N/A

Denmark

N/A

England & Wales

N/A

France

N/A

Germany

N/A

Greece

N/A

Hungary

N/A

Iceland

Yes

Ireland

N/A

Italy

N/A

Luxembourg

N/A

Malta

N/A

Netherlands

N/A

Poland

N/A

Romania

N/A

Scotland

Yes

Slovakia

N/A

Slovenia

N/A

Spain

N/A

Sweden

N/A

Switzerland

Yes

Ukraine

Yes

North America
Canada

Yes - The European Commission has recognised that PIPEDA provides adequate protection for certain personal data transferred from the EU to Canada.

Costa Rica

No

Cuba

No

Mexico

No

Panama

No

Oceania
Australia

No

New Zealand

Yes

South America
Argentina

Yes

Brazil

No

Chile

No

Colombia

No

Peru

No

Uruguay

Yes

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Is there a separate Cyber Security Law?

Africa
Egypt

Yes – Anti-Cyber and Information Technology Crimes, No. 175/2018 (the "Anti-Cybercrime Law").

Ghana

Yes – Act 1038 The Cybersecurity Act was passed on the 6 of November 2020.

Morocco

No

Nigeria

Yes – Cybercrime act (Prohibition, Prevention Act, etc) 2015.

South Africa

No

Tunisia

No

Zimbabwe

Yes – the Cybercrime and Cyber Security Bill 2017.

Asia
Cambodia

No – however a draft cybercrime law is in development that would introduce further measures to supervise the online environment.

China

Yes - the Cybersecurity Law, which came into effect on 1 June 2017.

Hong Kong

There is no specific cyber security law, but there is legislation that deals with privacy protection and computer crimes, such as the PDPO, which deals with personal data and privacy protection – and the Crimes Ordinance, which deals with the criminal offence of obtaining access to a computer with a criminal or dishonest intent.

India

India currently does not have a dedicated law on cybersecurity. Specific provisions on cybersecurity are found in the Information Technology Act, 2000 (as amended in 2008).

Indonesia

No – though The Electronic Information Law is regarded as the main reference to cybersecurity in Indonesia and is supplemented by various other regulations.

Iran

No

Israel

No – Israel's cybersecurity related legislation comprises several laws and regulations covering various aspects of the cybersecurity sphere.

Japan

The Basic Act on Cybersecurity – this provides basic cybersecurity principles and measures, based on which the Cabinet and the ministries in Japan formulated a Cybersecurity Strategy 2018.

Malaysia

No – however the Government of Malaysia is currently taking steps to introduce such legislation.

Myanmar

No

Pakistan

No – Pakistan has no specific legislation in place addressing cyber security, however, the Ministry of Information Technology and Telecommunications has prepared a consultation draft titled, Personal Data Protection Bill 2020 (the "Draft Bill").

Philippines

Yes – the Cybercrime Prevention Act and the Implementing Rules and
Regulations of Republic Act No. 10175 (the "Cybercrime IRRs").

Qatar

Yes – 2014 Cyber-Crime Prevention Law.

Russia

No

Saudi Arabia

Saudi Arabia does not yet have a modern data protection regime of general application, though it is understand that this topic is currently under consideration at a legislative level.

Singapore

Yes – the Cybersecurity Act 2018 (No. 9 of 2018).

Taiwan

Yes – the PDPA and Cybersecurity Management Act 2018 (the "CSMA").

Thailand

Yes – the Cybersecurity Act 2019.

Turkey

No – however the preparation of cybersecurity rules is currently on the
agenda of the Government.

United Arab Emirates

Yes

Vietnam

Yes – the Cybersecurity Law (CSL 2018) came into effect 1 January 2019.

Europe
Austria

No

Belgium

Yes – several pieces of legislation have been built upon in recent years.

Bulgaria

Yes – three main pieces of legislation. A) The Cybersecurity Act, B) GDPR and C) PPDA 2002.

Czech Republic

Yes, cybersecurity is comprehensively governed by Act No. 181/2014 Coll. of 23 July 2014 on Cyber Security and Change of Related Acts (the "Cybersecurity Act") which also implemented the requirements set out by the Directive on Security Network and Information Systems (Directive (EU) 2016/1148) (the "NIS Directive").

Denmark

No – cybersecurity in Denmark is regulated largely on a sector-specific basis through various supervisory authorities.

England & Wales

No – England & Wales has a number of laws that prescribe the standards of protection and security.

France

No – There is not one specific legislation addressing cybersecurity. With regard to
protection of personal data and cybersecurity, the two key pieces of legislation are :the GDPR and NIS Directive. France has several other acts promoting cybersecurity as well.

Germany

Yes - There is no code of cybersecurity law in Germany addressing cybersecurity comprehensively. German legislators have enacted diverse rules on cybersecurity in several statutes, acts, and ordinances. This is accompanied by numerous rules and guidelines by the respective competent authorities.

Greece

No

Hungary

No, there is a general framework.

Iceland

No

Ireland

Yes – the European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 implementing the NIS Directive were published in September 2018.

Italy

Yes - there are several pieces of legislation containing cyber security law.

Luxembourg

No.

Malta

No. Malta does not have a specific law which regulates cybersecurity. Accordingly, several laws govern different aspects of cybersecurity, and such laws include both primary and secondary legislation.

Netherlands

No - the Network and Information Systems Security Act 2018 implemented the NIS Directive. Furthermore, the Cybersecurity Act entered into force on 27 June 2019.

Poland

Yes – the Act on the National Cybersecurity System 1560.2018 entered into force August 28 2018 and transposed the NIS Directive.

Romania

No - Romania has not adopted a general comprehensive law on cybersecurity and its legal framework is mainly composed of sectoral laws, as well as guidance issued by the competent authorities.

Scotland

Yes – the Network and Information Systems Regulations 2018.

Slovakia

Yes – the Slovak Act implementing the NIS Directive, effective from 1 January 2018.

Slovenia

Yes – the Network Information Security Directive has been transposed.

Spain

Yes – the NIS Directive was published in the Spanish Official Gazette on September 8 2018 in the form of the Royal Decree-law 12/2018 on security of networks and information systems.

Sweden

No – a government bill implementing the NIS Directive is now being drafted which will be submitted to the Parliament for its decision.

Switzerland

No

Ukraine

Yes – The Law of Ukraine on the Main Principles of Maintaining Cybersecurity of Ukraine No 2163-VIII ('the Cybersecurity Law') dated 5 October 2017 came into effect on 7 May 2018. The Ukrainian National Security and Defence Council's resolution "On the Cyber Security Strategy of Ukraine" was enforced by a President's Decree in 2016.

North America
Canada

No, there is no separate Cyber Security Law however both PIPEDA and CASL contain cybersecurity elements.

Costa Rica

No - however there are cybersecurity provisions in different laws and regulations.

Cuba

Yes – Resolution No. 105 National Action Model for responding to Cybersecurity Incidents of 9 August 2021.

Mexico

No

Panama

No

United States

No – but the 1996 Health Insurance Portability and Accountability Act, the 1999 Gramm-Leach-Bliley Act and the 2002 Homeland Security Act cover the cyber security of healthcare organisations, financial institutions and federal agencies respectively. Several states have implemented financial or health sector cybersecurity requirements. the
In June 2018, Ohio became the first US state to pass cybersecurity safe harbour legislation.

Oceania
Australia

No – but there is a strong relationship between cybersecurity and general privacy law in Australia given that, for most organisations, the main information cybersecurity obligations are those contained in the APPs under the Privacy Act 1988.

New Zealand

No – but there is a strong relationship between cybersecurity and general privacy law in New Zealand given that, for most organisations, the main information cybersecurity obligations are those contained in Information Privacy Principle ("IPP") 5 under the Act.

South America
Argentina

There is no general cyber security law. However, the Data Protection Act of Argentina, Law 25,326 and Regulation Decree 1558/2001 (as amended by Decree 1160/10) contain applicable provisions and there is sector-specific legislation (covering, for example, including financial entities, internet service suppliers and public sector bodies).

Brazil

No – currently, there are several pieces of legislation in Brazil dealing with different scopes of privacy and data protection such as intimacy, private life, honour, image, and secrecy of correspondence, bank operations, and communications.

However, there are few legal provisions which specifically address matters relating to cybersecurity. The LGPD may be understood as the main cybersecurity law applicable to Brazil and Law No. 12,965 of 23 April 2014 ("The Internet Act") is also relevant.

Chile

No, though cybersecurity is addressed in various pieces of sectoral legislation. Furthermore, Chile has deposited the instrument of succession to the Budapest Convention on Cybercrime in April 2018, so its national laws are likely to be updated in line with the treaty.

Colombia

There are several laws, decrees and administrative acts that regulate cybersecurity in Colombia which includes the Cybersecurity Policy, the Budapest Convention and the Cybercrime Law amongst others.

Peru

No

Uruguay

No – however there are a series of decrees that are relevant to cybersecurity.

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