Algeria: Implemented Law Relating to the Protection of Individuals in the Processing of Personal Data (Law No. 18-07) including cross-border data transfer regulation

On 12 August 2023, the Algerian Law Relating to the Protection of Individuals in the Processing of Personal Data (Law No. 18-07) came into force. The law is applicable to the processing of personal data by both public bodies and private individuals. The transfer of personal data to foreign countries is permitted only with the authorisation of the national data protection authority and if the destination country ensures adequate protection of privacy and fundamental rights. The adequacy of the protection provided is evaluated based on a range of factors, including the legal framework, security measures, and the nature of the data processing, such as its intended purpose and duration. Transfers that could potentially pose a risk to public security or state interests are strictly prohibited. However, exceptions exist that permit transfers without full adequacy under specific conditions, such as the explicit consent of the data subject, public interest, contractual obligations, or medical or legal purposes.