MAURITIUS Law and Practice Contributed by: Sameer K Tegally, Sonia Xavier and Ashvan Luckraz, Venture Law
• order any person to attend a hearing at a specified time and place for the purposes of being orally examined in relation to a com - plaint; • apply to the Judge in Chambers in the Supreme Court for a preservation order where they believe the data is vulnerable to loss or modification; • enter and search any premises with a war - rant issued by a magistrate for the purpose of discharging any functions or exercising any powers under the Act; • serve an enforcement notice, when they believe that a data controller or processor has contravened, is contravening or is about to contravene the provisions of this Act, requir - ing them to take such steps within such periods as may be specified in the notice; and • take such measures as may be necessary to bring the provisions of the Act to the knowl - edge of the general public. The registration as a controller or processor with the DPO will be for a period not exceeding three years and on the expiry of such period, the rel - evant entry will be cancelled unless the registra - tion is renewed within three months of expiry of the licence. Any controller who knowingly supplies false information while applying for registration will commit an offence and shall, on conviction, be liable to a fine of up to MUR100,000 and to imprisonment for a term of up to five years. Any person or organisation who fails to attend a hearing or to produce a document when required to do so shall be liable to a fine of up to MUR50,000 and, in the case of a person, to a term of imprisonment of up to two years.
Additionally, in order to enforce the rules estab - lished under the Act, the Commissioner of the DPO has been empowered with enhanced pow - ers with regard to the handling of complaints, such as the power to call the parties and encour - age an amicable resolution of the dispute wher - ever possible. Any person who considers themselves aggrieved by the decision of the Commissioner may, within 21 days of the date of the decision, appeal to the Information and Communication Technologies Appeal Tribunal (the “Tribunal”) and the appeal will not be heard after the expiry of the period unless the aggrieved person demonstrates suf - ficient cause for not lodging same within that period. Once an appeal is lodged, the Tribunal will endeavour to dispose of the appeal within six months of the date upon which the appeal was lodged. 9. Looking Forward 9.1 Upcoming Legal Reforms The 2025–26 budget proposes certain meas - ures, as outlined below. Corporate and Companies Law Reforms • The Companies Act will be amended to specify that regardless of their turnover, all Public Interest Entities must prepare an annual report within six months of their bal - ance sheet date. This excludes Global Busi - ness corporations and Authorised Companies under the Financial Services Act 2007. • The annual registration fees for companies, • sociétés commerciales , partnerships, and foundations will be increased twofold. How - ever, this will not apply to small private com -
525 CHAMBERS.COM
Powered by FlippingBook