Data Protection in Mozambique

Transfer of personal data in Mozambique

The law does not generally restrict cross-border transfers of personal information. The Constitution of the Republic of Mozambique imposes restrictions on disclosures of personal information to third parties, unless prior consent from the data subject is obtained.

Although there is a prohibition against the transfer of personal data to a non-Member State under the AU Convention, this prohibition does not apply if said State ensures adequate level of protection of the privacy, freedoms and fundamental rights of the data subject. The AU Convention also requires that consent be sought from the national protection authority before the data controller may transfer the data to a third country. Currently, INTIC does not have such powers so the principle of consent of the data subject and the transfer of data to a country with an adequate data protection framework would apply. Notwithstanding, parties may approach INTIC for further guidance on this matter.

Data export requires authorization from the data subject or a court decision.

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