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Notification obligation

 
 
 

Notification Obligation

Pursuant to Article 16(1) of the Act, whoever intends to process personal data in the capacity of a controller, with the exception as described in Article 18, shall notify such intention in writing to the Office. Such registration notification may be lodged by the controllers electronically with help of a registration form to be found on the Office web site, which must contain all statutory information pursuant to Articles 16(2)(a) through 16(2)(i).

Under the Act, the Office shall keep a register of personal data processing [Article 29(1)(b)], and also make the register accessible to the public (Article 35(2)), with the exception of information as described in Article 16(2)(e) and Article 16(2)(i). The public register of personal data processing is available on the Office web site and it is possible to search in it by the name of the subject, the allocated registration number or the company identification number.

Entries in the register shall contain the following information:

Controller identification details;
Purpose(s) of personal data processing;
Category of data subjects and of personal data relating to them;
Sources of personal data;
Place(s) of personal data processing;
Recipient or category of recipients;
and any intention to transfer personal data to other countries.

If the controller intends to transfer any personal data to other countries, it is in certain cases required to seek a relevant permit from the Office in keeping with Article 27 of the Act. The Office shall launch an administrative proceeding aimed at reviewing all circumstances relating to the personal data transfer, in particular the source, final destination, and categories of the transferred personal data, the purpose and period of their retention, and shall issue a decision.

 

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