Data Protection in Algeria

Transfer of personal data in Algeria

According to the provisions of the law No. 18-07, the data controller may only transfer personal data to a foreign State with the authorisation of the national authority in accordance with Law No. 18-07 and if that State ensures an adequate level of protection of the privacy and fundamental rights and freedoms of individuals with regard to the processing of such data. 

However, Article 45 of the law No 18-07 provides derogations from the general provisions for transferring personal data (free translation):

Article 45: In derogation from the provisions of Article 44 of this law [general provisions explained above], the data controller may transfer personal data to a State that does not meet the conditions specified in the said article [a sufficient level of protection for privacy and the fundamental freedoms and rights of individuals] under the following circumstances:

  1. If the data subject has expressly consented to the transfer;
  2. If the transfer is necessary for:
    1. Preserving the life of the data subject;
    2. Preserving public interest;
    3. Fulfilling obligations to establish, exercise, or defend a legal right;
    4. Executing a contract between the data controller and the data subject or for pre-contractual measures at the request of the data subject;
    5. Concluding or executing a contract in the interest of the data subject between the data controller and a third party;
    6. Executing a measure of international judicial cooperation;
    7. Preventing, diagnosing, or treating medical conditions.
  3. If the transfer is carried out under a bilateral or multilateral agreement to which Algeria is a party.
  4. With the authorization of the national authority, if the processing complies with the provisions of Article 2 of this law.”

In any case, it is forbidden to communicate or transfer personal data to a foreign country, when such transfer is likely to affect public security or the vital interests of the State.

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