SEYCHELLES Law and Practice Contributed by: Valery Freminot, Salina Sinon, Ruby Simeon and Hazel Naiken, Rivard Nariman
Once registered, the producers of a GI-conform - ing good may take action against other persons who misuse that GI in Seychelles. They are enti - tled to injunctive relief and damages.
level of protection for the rights and freedoms of data subjects in relation to the processing of personal data. In determining whether a comparable level of protection exists in the foreign country, the Infor - mation Commission of Seychelles must consider the following: • the nature of the personal data; • the purposes for which and the period of time during which the data is intended to be processed; • the law in force in the country of destination of the data; • any cross-border privacy rules scheme; and • any international agreements regarding data protection signed by the data controller in the country of destination of the data. Data subjects have the right to know the recipi - ents of their personal data, including those out - side of Seychelles. The competent authority is required to provide international mutual assistance in the enforce - ment of legislation for the protection of personal data. 8.3 Role and Authority of the Data Protection Agency The Information Commission of Seychelles, an office created under the Access to Information Act 2018, has been designated as the compe - tent authority to enforce and implement the Data Protection Act 2023 and is empowered to con - duct audits, investigations, impose penalties on entities that violate the Data Protection Act 2023. .
8. Data Protection 8.1 Applicable Regulations
The Data Protection Act 2023 replaces the Data Protection Act 2003, which was never bought into operation. So, until 2023, data protection was governed by the general principles of con - fidentiality under the Seychelles Civil Code. The new data protection regime under the Data Pro - tection Act 2023 is inspired from the EU’s Gen - eral Data Protection Regulation (GDPR). The Data Protection Act 2023 applies to indi - viduals as well as public and private entities that collect, process or store personal data in Sey - chelles. It specifically excludes from its purview: • the processing of personal data by relevant authorities in the course of a criminal investi - gation; • matters that pertain to national security; and • the processing of personal data by a natural person for a personal activity. The Data Protection Act 2023 requires the explicit consent of data subjects before collect - ing and processing their personal data. Control - lers and/or processors have the duty to inform the data subject of the reasons for collecting their data and to ensure data quality, security and confidentiality. 8.2 Geographical Scope Personal data may not be transferred to a coun - try outside Seychelles unless the data processor in the recipient country ensures a comparable
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