Monaco’s New Law Aligns with EU GDPR
Monaco has taken a significant step in modernizing its legal framework with the adoption of Act No. 1.054, aimed at enhancing the protection of personal data. This new legislation aligns with European standards, including the General Data Protection Regulation (GDPR), the Law Enforcement Directive, and the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108). The act, consisting of 118 articles, applies to both public and private sectors, ensuring comprehensive coverage of personal data protection.
A key feature of this act is the establishment of a new personal data protection authority (APDP), which replaces the previous Commission de Contrôle des Informations Nominatives (CCIN). The act also strengthens individual rights, particularly regarding the personal data of minors, while simplifying processes by eliminating most preliminary declaratory formalities. Furthermore, it imposes greater responsibilities on parties processing personal data and introduces a data protection officer to oversee compliance and safeguard individual rights.
The new legislation enhances the framework for the use of criminal data by administrative and judicial authorities, ensuring a more secure exchange of personal data at both European and international levels. With increased sanctions and administrative fines that can reach up to €10 million, the act aims to reinforce accountability among data processors. The Government of Monaco views this legislation as a vital step towards improving the Principality’s economic status and appeal by ensuring robust data protection measures.
In addition to the data protection act, Monaco has also ratified Act No. 1.053, which amends the Council of Europe Convention for the Protection of Individuals regarding Automatic Processing of Personal Data. The Government plans to hold an information seminar on December 11, 2024, to assist stakeholders in understanding the implications of the new act. This seminar will target various entities, including public institutions and private organizations, to ensure a smooth transition to the updated legal framework.
