The Commission shall determine the nature and structure of the notification.
§ 6. If the data that are processed are intended, even on an occasional basis, to be
transferred to a foreign country, the notification shall mention the following elements,
regardless of the carrier that has been used:
1° the categories of data that are transferred;
2° the country of destination for each category of data.
§ 7. If an automatic processing operation is terminated or if any item of information referred to
in § 3 is modified, notification has to be made thereof.
§ 8. The King may exempt after advice of the Commission for the protection of privacy certain
categories from the notification referred to in this Article, if there is, taking into account the
data that are processed, apparently no risk of violating the rights and freedoms of the persons
concerned, and the purposes of the processing, the categories of data that are processed, the
categories of the persons concerned, the categories of the recipients and the period of time
during which the data are stored, are specified.
If in accordance with the previous section an exemption from the obligation of notification has
been granted for automatic processing operations, the items of information enumerated in §§
3 and 6 shall be communicated to any person requesting so.
§ 9. Upon submission of the notification the controller shall pay a sum to a person who has
been appointed as accountable by the Commission for the protection of privacy in accordance
with the laws on Government accounts. The King shall determine the amount of this sum that
may not exceed ten thousand francs. He shall also lay down the modalities of payment.
Article 17bis
The King shall determine after advice of the Commission for the protection of privacy the
categories of processing operations that imply specific risks with regard to the personal rights
and freedoms of the persons concerned and shall lay down in respect of these processing
operations, also on the proposal of the Commission for the protection of privacy, the specific
conditions for guaranteeing the rights and freedoms of the persons concerned.
In particular he may determine that the controller, alone or along with other persons
responsible for the processing6, shall designate an appointee for the protection of data, who
shall take care in a independent manner of the application of this law and of its implementing
measures.
Article 18
The Commission for the protection of privacy shall keep a register of all automatic processing
operations of personal data.
Any entry in the register shall include the information referred to in Article 17, §§ 3 and 6.
The register is open to consultation by the public in the manner as laid down by the King.
Article 19
If the Commission for the protection of privacy holds the view that a non-automatic processing
operation of personal data that are contained in a filing system or that are intended to be
contained therein, implies a possible violation of the privacy, it may either on its own initiative
6
The passage ‘alone or along with other persons responsible for the processing’ only figures in the Dutch version of the law and
not in the French. Apparently this is a lapsus of the legislator.
15