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Principles of the transfer of personal data to a third country
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The continuous globalization of the world economy influences the international transfer of personal data. The transfer of personal data to third countries, especially those which are not able to ensure at least the same level of personal data protection as the one provided in the territory of the Republic of Poland is connected with a high risk of breaking of the data subject’s rights and freedoms. Therefore the Act of August 29, 1997 on the Protection of Personal Data (Journal of Laws of 2002, No. 101, item 926 with later amendments) includes specific requirements of the transfer of personal data to a third country. They were stated in Chapter 7 of the Act on the Personal Data Protection “Transfer of Personal Data to a Third Country” (Articles 47 and 48). It needs to be underlined that the above mentioned provisions implemented the specific provisions of the Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard of the processing of personal data and on the free movement of such data, hereinafter called the Directive. They have a crucial meaning for the interpretation of the Act on personal data protection.
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