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16 DE SETEMBRO DE 2016 49

– compensation of living donors for loss of earnings and any other justifiable expenses caused by the

removal or by the related medical examinations;

– payment of a justifiable fee for legitimate medical or related technical services rendered in connection with

transplantation;

– compensation in case of undue damage resulting from the removal of organs or tissues from living persons.

2 Advertising the need for, or availability of, organs or tissues, with a view to offering or seeking financial

gain or comparable advantage, shall be prohibited.

Article 22 – Prohibition of organ and tissue trafficking

Organ and tissue trafficking shall be prohibited.

Chapter VII – Confidentiality

Article 23 – Confidentiality

1 All personal data relating to the person from whom organs or tissues have been removed and those relating

to the recipient shall be considered to be confidential. Such data may only be collected, processed and

communicated according to the rules relating to professional confidentiality and personal data protection.

2 The provisions of paragraph 1 shall be interpreted without prejudice to the provisions making possible,

subject to appropriate safeguards, the collection, processing and communication of the necessary information

about the person from whom organs or tissues have been removed or the recipient(s) of organs and tissues in

so far as this is required for medical purposes, including traceability, as provided for in Article 3 of this Protocol.

Chapter VIII – Infringements of the provisions of the Protocol

Article 24 – Infringements of rights or principles

Parties shall provide appropriate judicial protection to prevent or to put a stop to an unlawful infringement of

the rights and principles set forth in this Protocol at short notice.

Article 25 – Compensation for undue damage

The person who has suffered undue damage resulting from transplantation procedures is entitled to fair

compensation according to the conditions and procedures prescribed by law.

Article 26 – Sanctions

Parties shall provide for appropriate sanctions to be applied in the event of infringement of the provisions

contained in this Protocol.

Chapter IX – Co-operation between Parties

Article 27 – Co-operation between Parties

Parties shall take appropriate measures to ensure that there is efficient co-operation between them on organ

and tissue transplantation, inter alia through information exchange.

In particular, they shall undertake appropriate measures to facilitate the rapid and safe transportation of organs

and tissues to and from their territory.

Chapter X – Relation between this Protocol and the Convention, and re-examination of the Protocol

Article 28 – Relation between this Protocol and the Convention

As between the Parties, the provisions of Articles 1 to 27 of this Protocol shall be regarded as additional

articles to the Convention on Human Rights and Biomedicine, and all the provisions of that Convention shall

apply accordingly.