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Madagascar

Summary

Law: Law No. 2014 - 038 on the Protection of Personal Data (only available in French here) ('the Act'). Please note that not all sections of the Law are in force yet.

Regulator: The Madagascan information commission ('CMIL') (not yet established)

Summary: The Law, adopted on 16 December 2014 and promulgated on 9 January 2015, declares that the processing of personal data is based on four main pillars, namely the principles of legitimate purpose and fairness of collection and processing, the existence of data subjects' rights, the presence of an independent supervisory authority, and the establishment of an enforcement regime. In relation to its scope of application, the Law covers the processing of personal data carried out by controllers established on the state territory, as well as processing that utilises means that are located on the national territory, even when the controller is not established in Madagascar. CMIL, the independent authority responsible for the compliance with the principles provided in the Law, has not yet been established.

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