AZERBAIJAN Law and Practice Contributed by: Ismail Askerov and Amil Jafarguliyev, MGB Law Offices
Cross-border transmission of personal data is permit - ted if it does not jeopardise national security and if the receiving jurisdiction ensures a level of legal protec - tion equivalent to Azerbaijani law. Where such protec - tion is lacking, cross-border transfer may still proceed with the data subject’s consent or where necessary to protect the individual’s life or health. While the Law on Personal Data does not provide for international enforcement mechanisms, violations may give rise to civil, administrative or criminal liability under Azerbaijani legislation. Potential consequences include: • claims for material and moral damages; • administrative fines of AZN300–500 (approximately USD177–295) for improper protection or manage - ment of personal data; and • fines of two to four times the revenue generated from unlicensed activity, or six months to seven years’ imprisonment, for operating personal data systems without a required licence.
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