Under the Azerbaijani Law on Personal Data dated 11 May 2010 (the “Law”), collection and processing of a personal data about any individual shall be permitted only upon obtaining the written consent of a data subject (which can be given in the form of an electronic document with reinforced electronic signature or on the basis of a data submitted by the data subject in written form).The Law envisages that a data subject’s consent must include the following information:
(i) information allowing the identification of the data subject;
(ii) information allowing the identification of the owner or operator which has obtained the consent of the data subject;
(iii) the purpose of collection and processing of a personal data;
(iv) a list of personal data in respect of which the data subject has provided its consent including the list of processing operations for such data;
(v) the period during which the consent remains valid and the circumstances in which consent can be revoked; and
(vi) the terms for the deletion and archiving of personal data in the event of data subject’s death and/or expiration of the storage term for personal data.
Data subject’s consent is also required where owner or operator of personal date intend to receive personal data from or transmit it to the third parties.
Under the Law, cross-border transmission of a personal data shall not be performed if a country, to which the personal data will be transmitted, does not provide sufficient level of protection of personal data in comparison with the Azerbaijani law unless personal data subject gives its consent to such transmission. Therefore, in case of cross-border transmission of personal data, it is advisable to request an additional consent or to add an additional paragraph containing consent to cross-border transmission of personal data into the first consent to collection and processing of personal data in order to mitigate any risk of claims related to “sufficient level of protection of personal data” under the law of foreign state in comparison with Azerbaijani law.
If you need any legal assistance with respect to the application of the Law to different fields, Baku Attorneys & Consultants, as a law firm in Azerbaijan is ready to provide you with high quality legal services.