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Article 34

The Assessment of the Data Protection Level of the Recipient Country(ies)

The level of data protection of the foreign country or international body mentioned in item I of the caput of art. 33 of this Law will be evaluated by the national authority, which will take into consideration:

  • I - the general and sectoral rules of the legislation in force in the country of destination or in the international body;
  • II - the nature of the data;
  • III - compliance with the general principles of protection of personal data and rights of the holders provided for in this Law;
  • IV - the adoption of security measures provided for in the regulation;
  • V - the existence of judicial and institutional guarantees to respect personal data protection rights; and
  • VI - other specific circumstances relating to the transfer.