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PART VIII TRANSBORDER FLOW OF PERSONAL INFORMATION OUTSIDE LESOTHO 63 Personal information shall only be transferred to recipients in a To a recipient in a Member State that has transposed the SADC data protection Member requirements: State that has (a) where the recipient establishes that the data is necessary for transposed the the performance of a task carried out in the public interest or SADC data protection pursuant to the lawful functions of a data controller, or (b) where the recipient establishes the necessity of having the data requirements transferred and there is no reason to assume that the data subject's legitimate interests might be prejudiced by the transfer or the processing in the Member State. (2)The controller shall, notwithstanding 1 above, be required to make a provisional evaluation of the necessity for the transfer of the data. (3)The recipient shall ensure that the necessity for the transfer of the data can be subsequently verified. (4)The data controller shall ensure that the recipient shall process the personal information only for the purposes for which they were transferred. 64 To Personal information shall only be transferred to recipients, other than a Member in Member States of the SADC, or which are not subject to national law state that has not adopted pursuant to the SADC data protection requirements, if an transposed adequate level of protection is ensured in the country of the recipient the

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