Singapore legislation

Regulation 11

of Personal Data Protection Regulations 2021

Regulation 11

Legally enforceable obligations

Subregulation 1

For the purposes of regulation 10(1), legally enforceable obligations include obligations imposed on a recipient of personal data under —

(a)

any law;

(b)

any contract in accordance with paragraph (2);

(c)

any binding corporate rules in accordance with paragraph (3); or

(d)

any other legally binding instrument.

Subregulation 2

A contract mentioned in paragraph (1)(b) must —

(a)

require the recipient to provide a standard of protection for the personal data transferred to the recipient that is at least comparable to the protection under the Act; and

(b)

specify the countries and territories to which the personal data may be transferred under the contract.

Subregulation 3

The binding corporate rules mentioned in paragraph (1)(c) —

(a)

must require every recipient of the transferred personal data that is related to the transferring organisation and does not already satisfy paragraph (1)(a), (b) or (d), to provide a standard of protection for the personal data transferred to the recipient that is at least comparable to the protection under the Act;

(b)

must specify —

(i)

the recipients of the transferred personal data to which the binding corporate rules apply;

(ii)

the countries and territories to which the personal data may be transferred under the binding corporate rules; and

(iii)

the rights and obligations provided by the binding corporate rules; and

(c)

may only be used for recipients that are related to the transferring organisation.

Subregulation 4

For the purposes of paragraph (3)(a) and (c), a recipient of personal data is related to the transferring organisation transferring that personal data if —

(a)

the recipient, directly or indirectly, controls the transferring organisation;

(b)

the recipient is, directly or indirectly, controlled by the transferring organisation; or

(c)

the recipient and the transferring organisation are, directly or indirectly, under the control of a common person.