Data Protection Act 2017
What is Data Protection Act 2017 about?
The Data Protection Act 2017 (DPA) was adopted by Parliament in December 2017 and came into force on 15 January 2018.
The Act is designed to strengthen the control and personal autonomy of individuals over their personal data, in line with current relevant international standards.
Who are we?
AAMIL (Mauritius) Ltd, AAMIL Consultants Ltd, AAMIL TRUSTEES LTD, AAMIL International Ltd and AAMIL Asset Management Ltd hereafter referred to as “AAMIL” is a specialist service provider, licensed as a Management Company, by the Mauritius Financial Services Commission (the “FSC”), offering a full range of corporate and fiduciary services to an international client base. You can find out more about us at www.aamil.com.
How does AAMIL process your personal data?
The present document will give you an insight on how we process your data. This information sheet has been designed to keep you informed of how AAMIL uses your personal data. This includes what you tell us about yourself and the documents that we collect in the execution of our contract.
How are you protected by the law?
AAMIL collects your personal data for a legitimate purpose with a view to fulfil its duties and responsibilities as your Corporate and Fiduciary Services provider. Your personal data will be only used if we have a proper reason to do so. Examples are, amongst others:
- to fulfil any contractual obligation we have with you, or
- it is our legal duty, or
- you consent to it.
What is personal data?
Personal data refers to all information that has been provided by an individual in the context of his personal needs.
Your right to access your personal data
You have the right to request access to the personal data submitted by you to AAMIL and to review the personal data we keep about you.
With whom is your personal data being shared?
Your personal data may be shared with some organisations, for purposes necessary to AAMIL in the performance of its duties:
- Regulatory authorities and/or any other official authorities (Financial Services Commission, Registrar of Companies, Board of Investment, Mauritius Revenue Authority);
- Banks (for bank account openings, private or corporate);
- Any party linked with you or your company (in some cases, sharing will subject to your consent);
- Companies with which we have a joint venture or an agreement;
- Business introducers;
- Independent financial advisors;
- Postal services;
- Companies you ask us to share your data with;
- and any other third parties to whom your personal data is shared upon your request or consent.
We may use your personal data to inform you about our services, changes in the law, regulation emanating from regulatory authorities or the structure of our business.
The personal data we have for you is made up of what you provide to us when you agree to take our services, or from third parties we work with. You may request us to stop sending you marketing correspondences by notifying AAMIL in writing at any time.
For how long your personal data is being kept?
We will keep your data for the purpose for which the information had been collected. The information is then destroyed unless its retention is required to satisfy legal and regulatory requirements in Mauritius. As a rule, the maximum retention period is 7 years.
What happens if you want us to stop using your personal data?
You have the right to object to our use of your personal data, or to ask us to erase, remove, or stop using your personal data, thereby entailing the termination of your professional relationship with AAMIL.
However, we may have to keep or use your personal data in the performance of our duties and/ or legal obligations.
AAMIL shall require your consent prior to the lawful processing of your personal data.
Our services agreements will be updated as regards to your consent which shall be a clear and unambiguous indication or an affirmative action whereby you authorise AAMIL to process your personal data.
How to withdraw your consent?
You may withdraw your consent to AAMIL about the disclosure and processing of your personal data for any particular purpose(s) at any time. Should you avail yourself of this right, you will need to notify AAMIL in writing.
If you withdraw your consent, we will not be able to provide you our services and you will be informed accordingly.
However, notwithstanding the withdrawal of your consent, your personal data may still be processed by AAMIL in the performance of its statutory duties.
You have the right to complain
You have the right to lodge a complaint with the Data Commissioner through the Data Protection Office.
For more information about your rights under the new Data Protection legislation, please consult the Data Protection Office website: dataprotection.govmu.org