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Belarus: National Data Protection Center announces amendments to data transfer rules

The National Personal Data Protection Center announced, on 28 December 2022, that its office had signed, on 26 December 2022, Order No. 114 ('the Order'), which amends Order No. 14 on cross-border transfers of personal data. In particular, the Order provides that Member States of the Eurasian Economic Union should be added to the list of foreign countries that provide an adequate level of protection for the purposes of cross-border data transfers.

In addition, the Order outlines that data may still be transferred to countries not deemed to provide an adequate level of protection in the following circumstances:

  • when the processing of personal data is necessary to fulfil obligations provided for by legislative acts; and
  • when information regarding the activities of state bodies and organisations is uploaded onto the global internet by the state, or in some cases by business entities, provided that the Republic of Belarus, or an administrative-territorial unit, can determine the decisions made by these businesses.

Notably, the Order states that, for the aforementioned data transfers, operators do not need to submit a permit application to the National Personal Data Protection Center for the cross-border transfer of personal data.

You can read the press release here, dowload the Order here, and access Order No. 14 here, all only available in Russian.