Data Protection in Tunisia

Transfer in Tunisia

The transfer of personal data is treated in the 5th Chapter of the 2004 Act on the protection of personal data (Articles 47 to 52), and is generally prohibited or subject to strict measures, including prior authorization (submitted to the National Authority for Protection of Personal Data), and the explicit consent of the person in question, which is mandatory. The transfer of personal data to a foreign country is prohibited whenever it may endanger public security or Tunisia's vital interests.

The international transfer of personal data may not take occur if the foreign country does not provide an adequate level of protection. In every case, the authorization of the Instance is required before the transfer of personal data. The Instance shall issue its decision within one month from the date of receipt of the application.

When the personal data to be transferred concerns a child, the request is submitted to the family judge.

In its Decision No. 3 of September 5, 2018, the INPDP issued a non-exhaustive list of countries that represent an adequate level of protection of personal data, and to which the transfer is a priori possible, but always subject to obtaining the authorization of the INPDP.

According to Article 90 of Organic Law no. 2004-63 of July 27, 2004,

“Anyone who: .... - transfers personal data abroad without the authorization of the Authority; ...”.

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