Monaco adopts personal data protection legislation in line with the highest European standards

©DR

With the adoption of Act No. 1.054 on the protection of personal data, Monaco has modernized its legislation to comply with the highest European standards, including the General Data Protection Regulation, 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”).

This marks another milestone in the Principality’s efforts to adapt its legislative framework to today’s society, in which digital and virtual technology are essential. The act will contribute to the appeal and development of Monaco’s economic status by further safeguarding how personal data is used.

The Government hailed the adoption of such an important text for the Principality by members of the National Council present at the legislative session of 28 November 2024.

The Government thanks the National Council for the quality of the debate and cooperation between our two institutions.

The act consists of 118 articles and applies to both the public and private sectors. 

Among the main features of the act are:

-        the creation of a new personal data protection authority (APDP) to replace the CCIN,

-        the strengthening of individual rights and those concerning the personal data of minors,

-        the elimination of most preliminary declaratory formalities,

-        the increased responsibility of parties who process personal data,

-        the establishment of a data protection officer,

-        a clearer framework for the use of criminal data by administrative and judicial authorities,

-        more secure exchange of personal data at the European and international level through the introduction of appropriate safeguards,

-        increased sanctions and new administrative fines of up to €10 million.

With the adoption of this text, the Principality can relaunch the process of requesting recognition of the compliance of its legislation from the European Commission, a process that was suspended by the latter in 2012 in the lead up to the entry into force of the GDPR. Such recognition would facilitate data transfers between Monaco and the countries of the European Union.

The Government is also pleased to announce the adoption of Act No.1.053 on the ratification of the protocol amending the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (“Convention 108”), signed by Monaco in 2008.

Without delay, the Principality will be able to launch the process, with the Council of Europe, to ratify this Protocol, which it signed in 2018 and which is the only binding international legal instrument.    

In light of concerns issued by the National Council in relation to the outreach efforts needed to assist stakeholders affected by the new act, the Government is planning an information seminar for the State’s executive branch, public institutions, private and public entities that operate in the general interest, and public service concession holders. The seminar will be held on 11 December 2024 at Lycée Rainier III.