MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou, Advogados e Notários
These include the necessity of such a transfer for the formation of a contract between the data subject and the data controller and for prelimi - nary measures for the formation of that contract at the request of the data subject, among others. However, the most common exception to the rule indicated above is the obtaining of the data subject’s express and unambiguous consent to such a transfer (Article 20, paragraph 1 of the PDPA). Organisations collecting or transferring data in connection with foreign government data requests, foreign litigation proceedings (eg, civil discovery) or internal investigations are not exempted from the standard requirements set out under the PDPA and shall be subject to the same penalties in case of breach of the existing laws. 5.2 Government Notifications and Approvals As no list of jurisdictions ensuring an adequate level of protection currently exists in Macau, the transfer of personal data abroad is subject to pri - or authorisation by the PDPB, as indicated in 5.1 Restrictions on International Data Transfers .
If express and unequivocal consent from the data subject is obtained, or if the situation under analysis falls under one of the exceptions pro - vided by the PDPA, a simple notification is suf - ficient and complies with the legal provisions. 5.3 Data Localisation Requirements The international transfer of data is subject to the requirements referred to in 5.1 Restrictions on International Data Transfers . 5.4 Blocking Statutes The issue of “blocking” statutes does not arise On September 2024, the PDPB, jointly with the Economic and Technological Development Bureau (DSEDT) and the Cyberspace Adminis - tration of China, launched the “Standard Con - tract for cross-border flow of personal informa - tion in the Greater Bay Area Guangdong-Hong Kong-Macau (Mainland China – Macau)”. This regional development may become a yardstick for future international developments. in the Macau SAR jurisdiction. 5.5 Recent Developments
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