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150. Regulation of the Federal Chancellor with which the Data Protection Adequacy Regulation-DSAV is amended (DSAV-Novelle 2013)
On the basis of Section 12 (2) of the Data Protection Act 2000 (DSG 2000), BGBl. I n ° 165/1999, as last amended by the Federal Law BGBl. I No 83/2013, shall be arranged:
The Data Protection Adequacy Regulation-DSAV, BGBl. II No 521/1999, shall be amended as follows:
1. § 1 reads:
" § 1. (1) The transmission and omission of data from data applications to recipients in States which are neither Member States of the European Union nor parties to the Agreement on the European Economic Area (EEA Agreement) (third countries), does not require the approval of the Data Protection Commission if the transmission or transfer to one of the following third countries or in one of the following territories for the purposes of this Regulation as third countries is carried out:
| 1. |
Switzerland, |
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| 2. |
Argentina, |
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| 3. |
Guernsey, |
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| 4. |
Island Man, |
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| 5. |
Jersey, |
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| 6. |
Faroe Islands, |
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| 7. |
Andorra, |
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| 8. |
Uruguay, |
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| 9. |
New Zealand. |
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(2) The transmission and transfer of data from data applications to recipients in third countries shall then not be subject to the authorisation of the Data Protection Commission if the transmission or transfer to one of the following states is based on the above mentioned Prerequisites are:
| 1. |
United States of America, in accordance with Commission Decision 2000 /520/EC, in accordance with Directive 95 /46/EC on the appropriateness of the "safe harbor" and the "frequently asked questions" (FAQ) guaranteed protection provided by the United States Department of Commerce, OJ L 327, 30.4.2004, p No. 7., as amended by the corrigendum OJ L 327, 28.12.2000, p. No. OJ L 115, 25.04.2001, p. 14, |
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| 2. |
Canada, in accordance with Commission Decision 2002/2/EC, in accordance with Directive 95 /46/EC on the adequacy of the data protection provided by the Canadian Personal Information Protection and Electronic Documents Act, OJ L 281, 23.12.1995, p. No. OJ L 2, 04.01.2002 p. 13, |
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| 3. |
Israel, in accordance with Commission Decision 2011 /61/EU, in accordance with Directive 95 /46/EC on the adequacy of the level of data protection in the State of Israel with regard to the automated processing of personal data, OJ L 281, 23.11.2011, p. No. OJ L 27, 01.02.2011 p. 39. |
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2. In § 3, the quote "§ 13 (5) of the DSG 2000" by quoting "§ 13 (4) DSG 2000" replaced.
Faymann
