2.12
EXCEPTIONS IN RESPECT OF TRANSFER TO A FOREIGN COUNTRY
In the absence of any decision by The Agency or HAGF as to the adequacy of
safeguards in a foreign country, a transfer or a set of transfers of Personal Data
to a foreign country or an international organisation shall take place only on one
of the following conditions:
a) that the Data Subject has explicitly consented to the proposed transfer,
after having been informed of the possible risks of such transfers;
b) the transfer is necessary for the performance of a contract between the
Data Subject and the Controller or the implementation of precontractual measures taken at the Data Subject's request;
c) the transfer is necessary for the conclusion or performance of a contract
concluded in the interest of the Data Subject between the Controller
and another natural or legal person;
d) the transfer is necessary for important reasons of public interest;
e) the transfer is necessary for the establishment, exercise or defence of
legal claims; and
f) the transfer is necessary in order to protect the vital interests of the
Data Subject or of other persons, where the Data Subject is physically
or legally incapable of giving consent; Provided, in all circumstances,
that the Data Subject has been manifestly made to understand through
clear warnings of the specific principle(s) of data protection that are
likely to be violated in the event of transfer to a third country, this
proviso shall not apply to any instance where the Data Subject is
answerable in duly established legal action for any civil or criminal claim
in a third country.
PART THREE:
3.1 RIGHTS OF DATA SUBJECT
(1) The Controller shall take appropriate measures to provide any information
relating to processing to the Data Subject in a concise, transparent, intelligible
and easily accessible form, using clear and plain language, and for any
information relating to a child. The information shall be provided in writing, or by
13
NIGERIA DATA PROTECTION REGULATION