Enquiry Case Notes

編號: 0733/C/2011

標題: Cross border transfer of staff’s personal data


    Company A pointed out that its branch in Macao intends to transfer to its parent company, which is outside Macao, the personal data of their staff, for the purposes of data archiving, arrangement of staff welfare, and so forth.
  For the above matter, Company A consulted whether it is required to notify, or to apply for an authorization from, the GPDP.


    According to the information received, the GPDP provided the following opinions:
  Under Articles 4(1)(1) and 3(1) of the Personal Data Protection Act (Law 8/2005), this Law regulates the data processing found in the current case.
  The transfer of personal data to any destination outside Macao is governed by Articles 19 and 20 of the Personal Data Protection Act. If transfer takes place under any conditions laid down by Article 20(1), such transfer should be notified to GPDP. Otherwise, the GPDP should decide on the case, or issue authorization, according to Articles 19 and 20(2) of the same Law.

Please refer to "Personal Data Protection Act", articles 3,4,19,20 .