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Article 55
Administrative assistance for foreign authorities
- The FDPIC may exchange information or personal data with foreign authorities that are responsible for data protection in order that they may fulfil their respective statutory duties in relation to data protection, provided the following requirements are satisfied:
- a. Reciprocity with regard to administrative assistance is guaranteed.
- b. The information and personal data are used only in the proceedings related to data protection that are the subject of the request for administrative assistance.
- c. The recipient authority undertakes to preserve professional secrecy as well as trade and manufacturing secrecy.
- d. The information and personal data are only disclosed to third parties if the authority that provided them gives its approval beforehand.
- e. The recipient authority undertakes to comply with the requirements and restrictions imposed by the authority that provided the information and personal data.
- In order to justify its request for administrative assistance or to comply with the request from an authority, the FDPIC may provide the following information in particular:
- a. the identity of the controller, of the processor or of other third parties involved;
- b. the categories of data subjects;
- c. the identity the data subjects, provided:
- the data subjects have consented, or
- disclosure of the identity of the data subjects is essential for the FDPIC or the foreign authority to fulfil statutory duties;
- d. processed personal data or categories of processed personal data;
- e. the purpose of processing;
- f. the recipients or the categories of recipients;
- g. technical and organisational measures.
- Before the FDPIC provides information that may include professional, trade or manufacturing secrets to a foreign authority, it shall inform the natural persons or legal entities concerned that hold these secrets, and invite them to comment, unless this is not possible or requires disproportionate effort.