Data Protection in the Philippines

Transfer in the Philippines

Each PIC is responsible for Personal Information under its control or custody that have been transferred to a third party for processing, whether domestically or internationally, subject to cross-border arrangement and cooperation.

Transfers may involve either data sharing or outsourcing arrangements. “Data sharing” is the disclosure or transfer to a third party of Personal Information under the custody of a PIC or PIP. In the case of the latter, such disclosure or transfer must have been upon the instructions of the PIC concerned. The term excludes “outsourcing,” or the disclosure or transfer of personal data by a PIC to a PIP.

Data sharing and outsourcing arrangements must be undertaken in accordance with the requirements under the Act, which includes the execution of the appropriate agreements. The NPC has likewise issued a circular which provides guidelines on data sharing agreements, including the contents thereof.

In May 2024, the NPC issued guidelines on model contractual clauses that PICs and PIPs may include in binding legal agreements governing cross-border transfers of Personal Data.

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