Section 3: Application of Act

3. Application of Act (1) This Act shall bind the State. (2) For the purposes of this Act, each Ministry or Government department shall be treated as separate from any other Ministry or Government department. (3) Subject to Part VII, this Act shall apply to a data controller— (a) who is established in Mauritius and processes data in the context of that establishment; and (b) who is not established in Mauritius but uses equipment in Mauritius for processing data, other than for the purpose of transit through Mauritius. (4) A data controller referred to in subsection (3) (b) shall nominate, for the purposes of this Act, a representative established in Mauritius. (5) For the purposes of subsection (3) (a), any person who— (a) is ordinarily resident in Mauritius; (b) carries out data processing activities through an office, branch or agency in Mauritius, shall be treated as being established in Mauritius. (6) Subject to the provisions of this Act, every data controller and data processor shall comply with the Data Protection Principles. [S. 3 amended by s. 2 (b) of Act 1 of 2009 w.e.f. 22 May 2009.] (S. 3 came into operation on 16 February 2009.) PART II – DATA PROTECTION OFFICE