Article 26 — Cooperation with Foreign Data Protection Authorities

1. 1.

   The supervisory authority may cooperate with the data protection authorities of other jurisdictions for the purpose of ensuring the effective enforcement of data protection legislation and the protection of the rights of data subjects. Such cooperation may take place on the initiative of the supervisory authority or at the request of a foreign data protection authority.

2. 2.

   The supervisory authority may exchange information relevant to the enforcement of data protection legislation with foreign data protection authorities, provided that appropriate safeguards are in place to ensure the confidentiality and security of the information exchanged. In particular, the supervisory authority shall not disclose information received from a foreign authority to any third party without the prior consent of the authority that provided the information, unless required to do so by law.

3. 3.

   The supervisory authority may provide mutual assistance to foreign data protection authorities in relation to investigations and enforcement proceedings, including by:

   1. providing information held by the supervisory authority that is relevant to an investigation being conducted by a foreign authority;
   2. conducting inquiries or inspections on behalf of a foreign authority, to the extent permitted by this Code and the Fundamental Laws;
   3. facilitating the notification of decisions or orders of a foreign authority to persons within the jurisdiction of the State.
4. 4.

   Cooperation under this Article shall at all times respect the sovereignty of the State of the Kaharagians and the constitutional prerogatives of the Sovereign. The supervisory authority shall not comply with a request for cooperation or assistance where compliance would be incompatible with the Fundamental Laws, the public order of the State, or the rights and freedoms of persons subject to the jurisdiction of Kaharagia.

5. 5.

   The supervisory authority may enter into memoranda of understanding, cooperation agreements, or other instruments with foreign data protection authorities for the purpose of establishing a framework for ongoing cooperation, information exchange, and mutual assistance. Any such instrument shall be published in summary form in the Official Gazette.

6. 6.

   Where a data subject who is a Kaharagian national or who otherwise falls within the personal jurisdiction of the State lodges a complaint with a foreign data protection authority, the supervisory authority shall, upon being informed of such complaint, use its best efforts to cooperate with the foreign authority to ensure that the data subject receives an effective remedy.

7. 7.

   The supervisory authority shall have due regard, in the exercise of its functions under this Code, to the data protection standards and best practices prevailing in jurisdictions where Kaharagians commonly reside or where controllers and processors subject to this Code operate, with a view to promoting a high and consistent level of data protection.