Loi n° 2008-12 du 25 janvier 2008 sur la Protection des Données à Caractère Personnel, transferts vers un pays tiers

Loi n° 2008-12 du 25 janvier 2008, arts. 49-51 (transferts vers un pays tiers)

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In force since 25 January 2008.

A cross border transfer rule binding public and private bodies.

As of 19 September 2026.

What it requires

Do not transfer personal data to a country that does not ensure a sufficient level of protection unless the CDP has been notified first, or a narrow consent-based or public-interest derogation applies.
Where the destination country does not offer that level of protection and no derogation applies, get the CDP's authorization for the transfer on a motivated request backed by guarantees sufficient to protect the person's privacy and rights.

What it reaches

Obligation class

Transfer

What this law does

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.

Article 49 bars transferring personal data to a country that does not ensure a sufficient level of protection for privacy and fundamental rights and freedoms, and requires the controller to notify the CDP before any such transfer.

Article 49 also requires the CDP, before any processing of data coming from abroad, to verify that the controller ensures a sufficient level of protection, judged by the security measures applied, the processing's characteristics, and the nature, origin and destination of the data.

Article 50 lets a controller transfer data to a country that does not meet that standard where the transfer is a one off, non massive transfer made with the person's express consent, or is necessary to protect the person's life, the public interest, a legal claim, or a contract.

Article 51 lets the CDP authorize a transfer or set of transfers to an inadequate country on a duly motivated request where the controller offers sufficient guarantees for privacy, fundamental rights and freedoms, and the exercise of the corresponding rights.

When LexLint raises it

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Read the law

Loi n° 2008-12 du 25 janvier 2008, official French text reproduced on the WIPO Lex legislation record for Senegal

Every line above is drawn from the primary source linked here, read on the date shown. This is a research summary, not legal advice.

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