LAW
No. 47/2024
For the ratification of the agreement between the Republic of Albania and the Republic of Italy in the field of social security
In support of Articles 78, 83, paragraph 1, and 121 of the Constitution, on the proposal of the Council of Ministers,
Parliament
of the Republic of Albania
SET:
Article 1
The agreement between the Republic of Albania and the Republic of Italy in the field of social security is ratified, in accordance with the text attached to this law and forming an integral part thereof.
Neni 2
This law takes effect 15 days after its publication in the Official Gazette.
Approved on May 16, 2024.
Proclaimed by Decree No. 209, dated May 31, 2024, of the President of the Republic of Albania, Bajram Begaj.
Agreement
Between the Republic of Albania and the Italian Republic in the field of social security
Introduction
The Republic of Albania and the Republic of Italy, motivated by a desire to improve relations between the two states in the field of social security, have agreed on the following provisions.
Part I
Provision general
Article 1
Definitions
1. For the purposes of implementing this Agreement:
a) the term “Albania” means the Republic of Albania; the term “Italy” means the Republic of Italy;
b) the term “legislation” means the current or future regulations of each contracting state that relate to the social security schemes referred to in Article 2 of this Agreement;
c) the term “Competent Authority” means, with respect to Albania, the ministry responsible for social security and, with respect to Italy, the Ministry of Labor and Social Policies;
d) the term “Competent Institution” means the institution with which the interested party is registered at the time of the request for benefits or the institution to which the interested party is entitled to benefits or which willwould have arisen this right if he or his family members had been residing in the territory of the Contracting State in which this institution is located;
e) the term “Liaison Body” means the offices that will be appointed by the competent authorities to communicate directly with each other and to act as intermediaries with the competent institutions of both contracting states, for the purpose of providing the benefits provided for in this Agreement.;
f) the term “employee” means persons who perform work activities and who are insured or entitled to benefits under the legislations referred to in Article 2 of this Agreement;
g) the term “family members” means those defined or recognized as such by applicable legislation;
h) the term “survivor” means those who are defined or recognized as such by applicable legislation;
i) the term “stay” means a short-term stay;
l) the term “residence” means the habitual residence;
m) the term “insurance period” means the contribution and/or employment periods that are defined or taken into account as insurance periods under the applicable legislation;
n) the term “equivalent period” means the periods assimilated to insurance periods under the legislation applicable in force with respect to them;
o) the term “benefits” means the monetary benefits provided for by the legislation of either Party.
2. Any expression or other term used in this Agreement shall have the meaning assigned to it by the applicable legislation in force in relation thereto.
Neni 2
Material scope of application
1. This Agreement applies to legislation relating to:
In Albania:
a) insurance for old-age, disability, and survivor's pension (beneficiaries);
b) coverage for benefits for illnesses and childbirth;
c) unemployment insurance.
In Italy:
a) mandatory general insurance for disability, old-age, and survivor pensions of employed workers; the special treatment of self-employed workers (artisans, traders, farmers); and the separate treatment of this mandatory general insurance.;
b) coverage for benefits in case of illness, including tuberculosis and childbirth;
c) unemployment insurance;
d) special replacement and distinct insurance schemes created for certain categories of employees, since they refer to services or risks covered by the legislation referred to in the preceding letters.
2. This Agreement shall apply equally in the event that subsequent regulations modify the legislation referred to in paragraph 1.
3. This Agreement shall also apply to the laws of a Contracting State that extend existing schemes to new categories of employees or that create new social security schemes, provided that the Government of the other contracting State does not notify its objection to the Government of the first State within three months from the date of the official communication of such extensions.
4. This Agreement does not apply to the laws of the two Contracting States relating to social security and other non-contributory benefits paid from public funds, nor to the provision of minimum treatment, except for the provisions of Article 16.
5. The provisions of this Agreement shall be applied in accordance with the relevant national legislation and in compliance with international obligations and, with respect to Italy, the obligations arising from its membership in the European Union.
Article 3
Personal application field
1. This Agreement applies to persons who are or have been subject to the legislation of one or both of the Contracting States, as well as to their family members and surviving dependents.
2. This Agreement shall also apply to refugees, by virtue of the Convention of July 28, 1951, relating to the Status of Refugees and its Protocol of January 31, 1967, and to stateless persons, under the Convention of September 28, 1954, on the Status of Stateless Persons who are habitual residents of the territory of a Contracting State and who are or have been subject to the legislation of one or both of the Contracting States, as well as their family members and successors.
Article 4
Equal treatment
Except as otherwise provided in this Agreement, persons to whom this Agreement applies shall enjoy the same benefits and be subject to the same obligations, under the legislation of each contracting state, on the same terms as that state's nationals. With respect to Italy, citizens of the European Union shall also be afforded equal treatment.
Part II
Provisions for existing legislation
Article 5
General provisions
Except as otherwise provided in Articles 6 and 7 below, employees to whom the provisions of this Agreement apply shall be subject to the legislation of the Contracting State in which they carry out their work activities.
Article 6
Special provisions
The provisions set out in Article 5 require the following exemptions:
1. An employee employed by an enterprise established in one of the contracting States, who has been sent to the territory of the other State, shall remain subject to the legislation of the first State, provided that his employment in the other State does not exceed a period of 24 months.
2. A person who is normally carrying on an independent activity in the territory of one of the two States and who goes to carry on such an activity in the territory of the other State for a limited period of time, remains covered under the legislation of the first State, provided that his stay in the other State does not exceed a period of 24 months.
3. The traveling personnel of air, road, or rail transport companies are subject exclusively to the legislation of the state in whose territory the company's headquarters is located.
4. Members of the crew of a ship flying the flag of one of the contracting states are subject to the legislation of the state to which the flag belongs, employees employed for the loading, unloading, repair, or supervision of vessels, while they are in a port of another contracting state, are subject to the legislation of the state to which that port belongs.
5. Diplomatic agents and career consuls, as well as the administrative and technical personnel belonging to diplomatic and consular missions, who are sent to the territory of the other contracting State in the exercise of their functions, remain subject, together with members of their family, to the legislation of the contracting State to which the administration from which they depend belongs.
6. Employees employed by a public administration and equivalent personnel of one of the contracting States, who are sent to the territory of the other contracting State in the exercise of their functions, together with their family members, remain subject to the legislation of the Contracting State to which the administration from which they depend belongs.
Article 7
Special provisions for personnel other than those belonging to diplomatic missions.
The personnel of diplomatic and consular missions, other than those specified in paragraph 6 of Article 6, as well as local personnel in the private service of diplomatic and consular agents, or other members of these diplomatic missions and consular offices, may exercise the option to apply the legislation of the sending State, in accordance with the provisions of the Administrative Agreement provided for in Article 19, provided that they are nationals of that State.
Article 8
Exemptions from Articles 5 and 6
The competent authorities of the two contracting states or the institutions designated by them may, by mutual agreement, provide for exceptions, notwithstanding the provisions of Articles 5 and 6 of this Agreement, in the interest of employees.
Article 9
Exportability of cash benefits
Except as otherwise provided in this Agreement, employees who are entitled to monetary benefits from one Contracting State, shall receive them on the basis of equal treatment with the nationals of that State in the territory of the other contracting State or of a third State, in compliance with the legislation of each State.
Article 10
Voluntary insurance
1. For the purposes of admission to voluntary insurance, if provided for by the legislation of one of the contracting states, insurance periods completed under the legislation of that State are, where necessary, aggregated with insurance periods completed under the legislation of the other contracting State, provided that they do not overlap and in accordance with the provisions laid down in the legislation of each State.
2. Simultaneous enrollment in the mandatory insurance of a contracting state and the voluntary insurance of the other state is permitted only if such an option is allowed by the legislation of the latter.
Article 11
Union of periods
For the purposes of acquiring, maintaining, or recovering the right to monetary benefits provided for by this Agreement, Insurance periods or their equivalents, completed under the legislation of one Contracting State, shall, where necessary, be combined with the insurance periods or their equivalents under the laws of the other Contracting State, provided that they do not overlap.
Part III
Special provisions
Chapter I
Pensions
Article 12
Pensions paid under the legislation of one Contracting State (in an autonomous regime)
If an employee meets the conditions established by the legislation of a contracting state to be entitled to benefits without having to use the combination of periods of insurance, as provided in Article 11, the competent institution of that State shall pay the amount of the benefit calculated exclusively on the basis of the periods of insurance completed under the legislation it applies. This provision also applies if the insured is entitled, under the other contracting state, to a benefit calculated in accordance with Article 13.
Article 13
Pensions paid under the legislation of the two contracting states
(international and proportional union)
1. If an employee does not meet the conditions provided for by the legislation of a State Party for the right to benefits based solely on periods of insurance and equivalent amounts completed under that legislation, the competent institution of that State shall apply the provisions set out in Article 11.
2. If the legislation of a Contracting State makes the grant of benefits conditional on the period of insurance having been completed in a profession which is subject to a special scheme, to determine entitlement to such benefits, only the periods completed under an equivalent scheme in the other Contracting State, or, if none exists, in the same profession or occupation, shall be combined, even if no special regime for that profession or occupation exists in the other State. If the total length of these insurance periods does not allow for the acquisition of entitlement to benefits under the special scheme, these periods will be used to determine entitlement to benefits in the general scheme.
3. For the purposes of determining the appropriate benefits in accordance with the provisions of Article 11, the competent institution of each Contracting State shall act as follows:
a) determines the theoretical amount of benefits to which the interested party would be entitled if all the combined periods of insurance had been completed under its legislation;
b) therefore determines the actual amount of the benefit to which the interested party is entitled, by reducing the theoretical amount referred to in point 1 of paragraph 3 based on the ratio between the periods of coverage completed under the legislation it applies and the periods of coverage completed in both contracting states;
c) if the total duration of the periods of insurance completed under the legislation of both contracting states exceeds the maximum duration required by the legislation of one state to qualify for a full benefit, the competent institution will take into account this maximum duration, instead of the total duration of the periods in question.
4. If the legislation of a Contracting State provides that benefits are to be calculated in relation to the amount of wages, earnings, or contributions, the competent institution of that State shall take into account only the wages or earnings received, or the contributions paid, in accordance with the legislation it applies.
Article 14
Insurance period of less than one year
Notwithstanding the provisions of Article 13, if the total duration of the periods of insurance completed under the legislation of a Contracting State does not amount to at least one year and if, taking into account only these periods, no right to benefits under that legislation arises, the institution of that State is not obliged to pay benefits for those periods. However, these periods of coverage are taken into account by the competent institution of the other contracting state, both for the purpose of acquiring entitlement to benefits under that state's legislation and for their calculation.
Article 15
Pensions in the event that the person does not simultaneously meet the conditions set forth by the laws of both contracting states.
If an employee, even taking into account the combination of periods of insurance referred to in Article 11, does not simultaneously meet the conditions required by the laws of both contracting states, His pension entitlement is determined under each piece of legislation once those conditions are met.
Article 16
Minimum pensions
1. Each contracting State, if the conditions laid down in its legislation are met, shall extend the benefits of the minimum treatment to which entitlement is acquired under Article 11 only if the beneficiary resides in its territory.
2. The supplement for the minimum treatment mentioned in the preceding paragraph is the sole responsibility of the competent authority of the contracting state in whose territory the beneficiary resides.
Article 17
Special provisions
If the legislation of one of the Contracting States makes the granting of benefits conditional on the requirement that
If the employee is subject to this legislation at the time the risk arises, this condition is deemed fulfilled if, upon the occurrence of the risk, the employee is subject to the legislation of another Contracting State or may claim the right to benefits under that legislation.
Chapter II
Unemployment
Article 18
The right to benefits
1. If an employee does not meet the conditions established by the legislation of a State Party for the right to unemployment benefits, based solely on the periods of employment subject to contributions completed under that legislation, the competent institution of that State shall take into account, to the extent necessary, the relevant periods of employment completed under the legislation of the other Contracting State.
2. The application of the provisions contained in the preceding paragraph is subject to the condition that the employee has been subject to the legislation under which the benefits are claimed for at least six months.
3. An employee who meets the conditions laid down by the legislation of a Contracting State for the right to unemployment benefits and goes to another Contracting State to seek employment there, retains the right to such benefits under the conditions laid down by the legislation of the State in which the right was acquired, for a maximum period of 3 months, less any period during which he has already received benefits in that State. The services will continue to be provided by the institution of the competent State in the manner specified in the Administrative Agreement referred to in Article 19.
Part IV
Miscellaneous provisions
Article 19
Administrative agreement
The competent authorities of the two contracting States shall agree on the legislation applicable to this Agreement by means of an administrative agreement, which shall take effect at the same time this Agreement enters into force.
Article 20
Information exchange
The competent authorities of the two contracting states undertake to inform each other regarding:
1. all measures taken for the implementation of this Agreement;
2. all difficulties that may arise at the technical level in implementing the provisions of the Agreement;
3. all changes in the relevant legislation that affect the implementation of this Agreement.
Article 21
Administrative cooperation
1. The authorities, competent institutions, and liaison bodies of the two contracting states undertake to provide each other with assistance and cooperation for the implementation of this Agreement. They may also, when necessary, use investigative tools in the other contracting state through that state's diplomatic and consular authorities.
2. The authorities, competent institutions, and Italian liaison offices cooperating to implement this agreement do so within the scope of their institutional activities, without any new or additional costs to the public budget, and by specifically referring to the obligations provided for in this title.
3. A contracting party shall make available to the other contracting party, free of charge, documentation concerning prior medical examinations and checks relating to persons who reside or stay in the territory of the other contracting state, for the purposes of this Agreement. Medical verifications and checks carried out for the enforcement of the legislation of one Contracting State and relating to persons residing or staying in the territory of the other Contracting State shall be ordered by the institution of the place of residence or of the place of stay, at the request of the competent institutions and at its own expense. The administrative agreement referred to in Article 19 shall establish provisions for the reimbursement of expenses. Expenses for health checks and verifications carried out in the interest of the institutions of both States shall not entitle to reimbursement.
Article 22
Diplomatic and consular assistance
The diplomatic and consular authorities of each contracting state may address themselves directly to the authorities, competent institutions and liaison bodies of the other contracting state to obtain useful information for the protection of their state's citizens, whom they consider to be holders of rights under the Agreement in question, and may represent them without a special mandate.
Article 23
Exemptions and recognition of certificates
1. If the legislation of a contracting state provides for an exemption from taxes, apostille stamps or fees for requests or documents that must be submitted under this legislation, then this exemption also applies to requests and documents submitted or issued by the competent institutions and authorities of the other contracting state for the implementation of this Agreement.
2. All acts, documents, and any other written materials that must be submitted for the implementation of this Agreement are exempt from the visa and legalization requirements by diplomatic and consular authorities.
3. The certification issued by the authorities, competent institutions, and liaison bodies of one contracting state regarding the authenticity of a certificate or document shall be considered valid by the relevant authorities, institutions, and liaison bodies of the other contracting state.
Article 24
Interconnecting organs
To facilitate the implementation of this Agreement and to allow for a more rapid connection between the institutions of the two contracting states, the competent authorities shall designate liaison bodies.
Article 25
Requests, statements, and complaints
1. Requests, statements, and complaints submitted to an authority, institution, or liaison body of a contracting state under the provisions of this Agreement shall be considered, as a request, statement, or complaint submitted to the relevant authority, institution, or liaison body of the other contracting state.
2. Complaints that must be filed within a specified period with a competent authority or institution of one contracting State shall be considered to have been filed within the time limit if they have been submitted within the same period to the corresponding authority or institution of the other contracting State. In this case, the authority or institution to which the complaints have been submitted will forward them without delay to the competent authority or institution of the other contracting state.
Article 26
Correspondence between to the authorities, institutions, and liaison bodies
The authorities, competent institutions, and liaison bodies of the two contracting states, for the implementation of this Agreement, maintain direct correspondence with each other, with their employees and representatives, drafting the correspondence in their respective national languages.
Article 27
Payment of benefits
Payment of benefits to beneficiaries residing in the territory of the other Contracting Party shall be made in the currency of the Contracting Party making the payment and in accordance with the legislation it applies.
2. For the purposes of applying paragraph 1, the reference exchange rates are as follows:
– for Albania, the daily exchange rate of the bank making the payment;
– for Italy, those published by the Bank of Italy.
Article 28
Recoveries
The institution of a contracting state which has paid an unlawful benefit or an amount exceeding that to which the beneficiary would have been entitled, may request the competent institution of the other contracting state to recover the amounts illegally paid for arrears of pensions or for any other benefit owed to the beneficiary. The contracting state institution charged with recovery shall withhold at source under the conditions and within the limits provided for this offset in accordance with the legislation it applies. The amounts withheld at source shall be transferred to the crediting institution.
Article 29
Protection of personal data
Any data relating to individuals that, for the purposes of implementing this Agreement, is transmitted by one State… Contractor to the other party must keep it confidential and use it exclusively to determine eligibility for benefits under this Agreement.
All data exchanges between the contracting States shall be governed by the provisions set forth in Annex 1 of this Agreement.
Part V
Transitional and final provisions
Article 30
Effective date
1. The provisions of this Agreement apply to benefit claims filed as of its effective date.
2. For the purposes of this Agreement, insurance periods completed prior to its entry into force shall also be taken into account.
3. This Agreement does not grant the right to benefits for periods prior to its effective date.
4. A right to benefits under this Agreement is acquired even if it relates to a covered event that occurred before its effective date.
Article 31
Entry into force
1. This Agreement shall be ratified by both contracting States in accordance with their respective procedures, and the instruments of ratification shall be exchanged as soon as possible.
2. This Agreement shall enter into force simultaneously with the Administrative Agreement referred to in Article 19, on the first day of the second month following the exchange of instruments of ratification.
3. This Agreement may be denounced by either contracting State and shall cease to be in force six months after the relevant notification thereof through diplomatic channels.
4. In the event of termination of this Agreement:
a) the rights acquired shall be preserved in accordance with the provisions of this Agreement;
b) all subsequent procedures for the recognition of rights shall be completed in accordance with the provisions of this Agreement;
c) Rights that are in the process of acquisition will be recognized in accordance with the agreements to be concluded between the two contracting states.
Signed on February 6, 2024, in Rome, in two original copies, each in Albanian and in Italian, all of which are equally authentic.
For the Council of Ministers of the Republic of Albania
For the Government of the Republic of Italy
Annex 1
Clause on the Transfer of Personal Data Between the Competent Authorities Specified in Article 29 of the Agreement Between the Republic of Albania and the Italian Republic in the Field of Social SecuritySOCIAL SECURITY
Taking into account Article 46(2)(a) of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data, on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation/GDPR) and Albanian Law No. 9887 of March 10, 2008 “On the Protection of Personal Data.”.
Each “Competent Authority” of one Party (hereinafter referred to as the “Authority”), in implementation of Article 1(c) of the Agreement between the Republic of Albania and the Republic of Italy on Social Security (hereinafter referred to as the “Agreement”) shall apply the guarantees set out in the provisions of this Annex for the transfer of personal data to an Authority of the other Party. These guarantees are binding on the Parties and prevail over any conflicting obligation in their respective legal systems.
I. Definitions
For the purposes of these clauses, "under" means:
a) “personal data” any information relating to an identified or identifiable natural person (“data subject”) in accordance with the agreement. A natural person is considered identifiable if he or she can be identified, directly or indirectly, by reference in particular to an identifying data item, such as name, an identification number, relevant location data, an online identifier, or one or more characteristic elements of his physical, physiological, genetic, mental, economic, cultural, or social identity;
b) “special data”: personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, membership in a trade union, genetic or biometric data used to uniquely identify a natural person, as well as data concerning a person's health, sexual life or sexual orientation;
c) “criminal data”: personal data relating to convictions and criminal offenses or security-related measures;
d) “common data” personal data that are neither special nor criminal;
e) “processing” any operation or set of operations performed on personal data, whether or not by automated means, such as: collection, recording, organizing, structuring, storage, adaptation or alteration, extraction, consultation, use, disclosure by transmission, dissemination or any other form of making them available, comparison or interconnection, restriction, erasure or destruction;
f) “transfer” means the transmission of personal data from an Authority of one Party to an Authority of the other Party;
g) “further communication” the transmission of personal data from a receiving Authority to another Authority in the same country;
h) “further transfer”: the disclosure of personal data from a receiving Authority to another authority in a third country or to an international organization;
i) “profiling”: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to a natural person;
j) “Personal data breach”: a security breach that results, accidentally or unlawfully, in the destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed;
k) “applicable legal requirements”: the applicable regulatory framework in force for each Authority, including legislation on the protection of personal data;
l) “Supervisory authority”: the independent public authority established by each Party, charged with overseeing the application of European and/or national legislation on the protection of personal data;[1]
m) “rights of the interested parties”:
i. “the right to obtain information”: the right of a data subject to obtain information about the processing of personal data concerning them, in a concise, transparent, intelligible, and easily accessible form:
ii. “the right of access”: the right of a data subject to obtain confirmation as to whether personal data concerning them are being processed or not and, if so, to access their personal data and the characteristics of the processing in progress;
iii. “the right of rectification”: the right of the data subject to have inaccurate personal data concerning them rectified without undue delay;
iv. “the right to erasure”: the right of a data subject to have their personal data erased, where it is no longer necessary in relation to the purposes for which it was collected or processed, or when the data have been collected or processed unlawfully in violation of these clauses and applicable legal requirements;
v. “right to object”: the right of a data subject to object at any time, on grounds relating to his or her particular situation, the processing of personal data concerning him, except where there are compelling legitimate grounds for the processing that override the interests of the data subject, including the establishment, exercise or defense of a legal right in court;
vi. “Right to restrict processing”: the right of a data subject to restrict the processing of their personal data, when this is inaccurate, the processing is unlawful, an Authority no longer needs the personal data for the purposes for which they were collected, or when the data subject is awaiting the outcome of their objection request;
vii. “the right not to be subject to automated decisions, including profiling”: the right of a data subject not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or similarly significantly affects him.
II. Field of Application
These clauses apply exclusively for the purposes pursued by the Government of the Republic of Albania and the Government of the Republic of Italy under the Agreement on Social Security, the material and personal scope of which is specifically defined in Articles 2 and 3 thereof.
To achieve the above-mentioned objectives, the authorities may exchange the personal data of the interested parties:
1. Common datapersonal data, social security, banking, tax, income, contributions, wages;
2. Special categories of data: health data;
3. Criminal datacriminal penalties, criminal offenses, and related security measures.
III. Guarantees for the protection of personal data
For data processing carried out in accordance with this Agreement, the authorities ensure and are able to demonstrate compliance with the following principles:
1. Limitation of objectives
Personal data will be transferred between the Authorities for the sole purpose of fulfilling the objectives set out in paragraph II. The Authorities will not carry out any further communications or transfers of personal data for purposes other than those indicated above, ensuring that they obtain the appropriate guarantees so that subsequent processing is limited to those purposes, taking into account what is set out in point III.6.
2. Proportionality and quality of the data
The transferring authority will only send personal data that is appropriate, relevant and limited to the purposes for which they are transferred and subsequently processed, in accordance with the principle of data minimization and, consequently, of data adequacy and relevance with respect to the purposes pursued. The transfer of special or penal data is only permitted if it is strictly necessary for the fulfillment of the purposes of the agreement.
The transferring authority shall ensure that, to the best of its knowledge, the personal data it transfers are accurate and, where necessary, up to date. If an Authority becomes aware that the personal data it has transferred are inaccurate, it will inform the receiving Authority, which will make the necessary corrections.
3. Transparency
Each Authority will provide interested parties with general information regarding:
a) the identity and contact details of the data controller and, where applicable, of the data protection officer;
b) the purpose, legal basis, and methods of processing personal data, including the period for which it is retained;
c) the recipients to whom the aforementioned data may be transferred or sent as further communication or onward transfer, taking care to specify the safeguards provided and the reasons for the transfer;
d) the rights of the interested parties, in accordance with these clauses and applicable legal requirements, including the methods for exercising those rights;
e) information on any possible delays or restrictions applicable to the exercise of these rights;
f) the right to lodge a complaint with a supervisory authority, specifying the relevant contact details, as well as to lodge a complaint with a judicial authority;[2]
The rights of interested parties may be restricted, to the extent necessary and proportionate in a democratic society, to protect important public-interest objectives recognized by the Parties, in the spirit of appropriate reciprocity for international cooperation. This framework includes the protection of the rights and freedoms of others, national security, defense, prevention, investigation, detection and prosecution of crimes, as well as the exercise of a control, inspection or regulatory function, which are related, even incidentally, with the law enforcement and supervisory activities of authorities acting in the exercise of public powers entrusted to them. The above-mentioned restrictions, regulated by law, may continue to exist only for as long as the reason that gave rise to them persists.
6. Communication and further transfer of personal data
6.1 Further communication of personal data
A recipient Authority may proceed with the further communication of personal data to another Authority in the same country only with the prior written authorization of the transferring Authority and provided that the latter Authority gives the same guarantees provided for in these clauses. In the request for written authorization, the receiving Authority must provide sufficient information on the type of data it intends to communicate, on the aforementioned other receiving Authority, as well as on the legal basis, reasons, and purposes of the communication.
The receiving authority may, on an exceptional basis, continue the further communication of personal data to another authority in the same country without the prior authorization of the transferring authority, only if it is necessary for at least one of the following reasons:
– the protection of the vital interests of an interested party or of another natural person:
– verification, exercise, or protection of a right in an administrative or judicial context;
– the carrying out of an investigation or criminal proceedings closely related to the activities for which the personal data have been transferred.
In the above-mentioned cases, the receiving Authority will inform the transferring Authority in advance of any further communication, providing details on the requested data, the other requesting Authority, and the relevant legal basis. If the preliminary information conflicts with the obligation of confidentiality, as in the case of ongoing investigations, the receiving Authority must inform the transferring Authority about further communication as soon as possible. In the above-mentioned cases, the transferring authority must keep a record of the notifications in question and communicate them to the Supervisory Authority upon its request. The receiving authority shall endeavor to ensure that further communication, without prior authorization, of personal data obtained in accordance with these clauses is avoided, in particular by applying all applicable exemptions and limitations.
6.2 Further transfer of personal data
A recipient Authority may further transfer personal data to another Authority in a third country or an international organization, only with the written authorization of the transferring Authority and provided that the third country or international organization provides the same guarantees as those set out in the above-mentioned clauses. In the request for written authorization, the receiving Authority must provide sufficient information about the type of data it intends to further transfer, the aforementioned other receiving Authority, as well as the legal basis, reasons, and purposes of the further transfer.
1. The parties may consult to review the terms of these clauses in the event of material changes in applicable legal requirements,
2. The amendments shall enter into force as specified in Article 31 of the Agreement.
3. All personal data already transferred in accordance with these clauses will continue to be processed with the guarantees provided therein.
[1] In Albania, the guarantor for the Protection of Personal Data is the Commissioner for the Protection of the Right to Information, whose activities are regulated by Article 29 of Law No. 9887, dated 10.3.2008, as subsequently amended, regarding the protection of personal data. In Italy, the independent supervisory authority, in accordance with Article 77 of the GDPR (EU) 2016/679, is the Personal Data Protection Authority, whose activities are regulated by Articles 140-bis and subsequent provisions of the Personal Data Protection Code (Legislative Decree 196/2003 and subsequent amendments and additions).
[2] In Albania, the competent judicial authority for the protection of personal data, in accordance with Article 16 of Law No. 9887/2008, under the Civil Procedure Code, is the court. In Italy, the competent judicial authority for the protection of personal data under Article 79 of the GDPR is the ordinary judge, as required by Article 152 of the Personal Data Protection Code (Legislative Decree 196/2003 and subsequent amendments and additions).