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Lexpert recognizes 27 Dentons lawyers as "Canada’s Leading Energy Lawyers”
Dentons is proud to congratulate an outstanding 27 lawyers who are listed as “Canada’s Leading Energy Lawyers” by Lexpert, in its recent special edition on Energy.
Venture Capital fund managers may begin operations in record time in Singapore
Although a venture capital fund may be prepared to invest in a new country, lengthy requirements to set up operations may risk the loss of valuable business opportunities.
IRS issues cost of living adjustments to retirement plan limits
The IRS has just issued the cost of living adjustments for various retirement plan limitations that will take effect either on January 1, 2018, or for the 2018 plan year.
Parallel debt structures in South Africa
Bridging the gap between English law, international market practice and South African law.
Three Key Things to Consider on Motions to Disqualify
Motions to disqualify can have the effect of distracting attorneys from their full devotion to their client’s claims or defenses.
Starting your career as a student at Dentons exposes you to a world of experience and opportunities
With 125+ locations in 50+ countries, Dentons is home to top-tier talent that is found at the intersection of geography, industry knowledge and substantive legal experience. Working with Dentons, you will have the opportunity to learn from the best lawyers in the industry at the largest law firm in the world.
Dentons wins EuropaProperty’s CEE Investment & Green Building "Law Firm of the Year" Award for the seventh time in a row
Dentons won the "Law Firm of the Year" award at the 7th annual CEE Investment & Green Building Awards ceremony organized by EuropaProperty.
Dentons is recognized as a leading financial law firm in this year’s IFLR1000 guide
Dentons is pleased to announce that 11 of our lawyers have been ranked in this year’s IFLR1000, the guide to the world's leading financial and corporate law firms and lawyers, two of whom are receiving this honour for the first time..
Dentons wins Diversity Law Firm of the Year in Australia
Dentons’ diversity achievements have again been recognised with the Firm awarded Diversity Law Firm of the Year at the Lawyers Weekly Women in Law Awards 2017.
At the end of last year, the Court of Justice of the European Union ruled that the EU Safe Harbour Decision (permitting the transfer of personal data to the US) was invalid as the US did not provide an adequate level of protection of personal data within the meaning of Article 25 of Directive 95/46.
The Protection of Personal Information Act 4 of 2013 (POPI) includes similar “safe harbour” language for the cross-border transfer of personal information. In this insight we provide a brief overview of the requirements to transfer personal information to a third party in a foreign country under POPI.
POPI is the first piece of legislation in South Africa that deals specifically and fully with the protection of personal information. The commencement of POPI (the date of which is yet to be proclaimed) will require a complete reform of the manner in which entities process personal information to ensure compliance with POPI, particularly the transfer of such information to another country.
POPI prohibits the transfer of personal information to a third party who is in a foreign country unless such transfer falls within the ambit of certain exemptions.
These exemptions include the transfer of personal information to a third party who is subject to a law, binding corporate rules or binding agreement which provides an “adequate level of protection” that:
POPI does not specify which countries have laws that provide an adequate level of protection or the manner in which such countries will be identified. Further clarity may be available when regulations are published pursuant to POPI. Accordingly, it would be prudent for entities to rely on agreements that provide for adequate levels of protection or binding corporate rules for the transfer of personal information out of South Africa (unless the transfer falls within one of the other categories).
“Binding corporate rules” is defined in POPI as personal information processing policies, within a group of undertakings, which are adhered to by a responsible party or operator within that group of undertakings when transferring personal information to a responsible party or operator within that same group of undertakings in a foreign country. Accordingly, it appears that the binding corporate rules exemption will only apply to entities that are transferring personal information to entities within the same group.
In addition to the safe harbour type exemption referred to above, the cross-border transfer of personal information is permitted if:
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