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Article 33

Cases of Permission for the International Transfer of Personal Data

The international transfer of personal data is only allowed in the following cases:

  • I - for countries or international organizations that provide a degree of protection of personal data appropriate to the provisions of this Law;

  • II - when the controller offers and proves guarantees of compliance with the principles, the rights of the holder and the data protection regime provided for in this Law, in the form of:

    • a) specific contractual clauses for a given transfer;
    • b) standard contractual clauses;
    • c) global corporate standards;
    • d) regularly issued stamps, certificates and codes of conduct;
  • III - when the transfer is necessary for international legal cooperation between public intelligence, investigation and prosecution bodies, in accordance with the instruments of international law;

  • IV - when the transfer is necessary to protect the life or physical safety of the holder or third party;

  • V - when the national authority authorizes the transfer;

  • VI - when the transfer results in a commitment made in an international cooperation agreement;

  • VII - when the transfer is necessary for the execution of public policy or legal attribution of the public service, being publicized under the terms of item I of the caput of art. 23 of this Law;

  • VIII - when the holder has given his specific and prominent consent to the transfer, with prior information on the international character of the operation, clearly distinguishing it from other purposes; or

  • IX - when necessary to meet the hypotheses provided for in items II, V and VI of art. 7 of this Law.

  • Single paragraph. For the purposes of item I of this article, the legal entities governed by public law referred to in the sole paragraph of art. 1 of Law No. 12,527, of November 18, 2011 (Access to Information Law) , within the scope of its legal competences, and responsible, within the scope of its activities, may request the national authority to assess the level of protection of personal data. conferred by country or international body.