Cyber Law at San Marino
San Marino has established a robust legal framework to address cybercrime and data protection, aligning with international standards and enhancing digital security and privacy.
⚖️ Cybercrime Legislation
San Marino's approach to cybercrime is integrated within its Penal Code, with specific provisions introduced by:
Law No. 114 of 23 August 2016: This law criminalizes various offenses related to cybercrime, including unauthorized access to computer systems, data breaches, and cyber fraud, aligning with the Budapest Convention on Cybercrime.
Law No. 61 of 30 April 2002: Addresses crimes related to child sexual exploitation, including the possession and distribution of child pornography.
Procedural measures for investigating and prosecuting cybercrimes are outlined in the Code of Criminal Procedure, with safeguards provided by the Declaration of Citizens' Rights and Fundamental Principles of the San Marino system (Law No. 59 of 8 July 1974 and subsequent amendments).
🔐 Data Protection Law
San Marino's data protection framework is governed by-
Law No. 171 of 21 December 2018:This law, effective from 5 January 2019, regulates the processing of personal data and is enforced by the San Marino Data Protection Authority. Key provisions include
Data Subject Rights:Individuals have rights to access, rectification, erasure, restriction of processing, data portability, and objection
Penalties for Non-Compliance:Administrative fines up to €10 million or 4% of an entity's global annual turnover, whichever is higher
Investigative Powers of the Data Protection Authority:The authority can conduct audits, access personal data, and inspect premises to ensure compliance
Corrective Powers:Including issuing warnings, ordering rectification or erasure of personal data, and imposing sanctions
Binding Corporate Rules:Enterprises can implement binding rules to ensure consistent data protection practices across their operations
🏛️ Enforcement and Institutional Framework
Key institutions involved in cyber law enforcement including:
Operational and Judicial Police Unit of the Gendarmerie Corps Responsible for preventing and combating cybercrime.
Information Technology Office (Ufficio Informatica, Tecnologia, Dati e Statistica) Handles technical support and development of the state's IT infrastructure.
San Marino Data Protection Authority Oversees compliance with data protection laws and enforces penalties for violation.
🌐 International Cooperation
San Marino has demonstrated its commitment to international cyber law standards:
*Signing the Budapest Convention on Cybercrime: In 2017, San Marino signed this treaty, which aims to harmonize national laws and improve international cooperation in combating cybercrime.
*Ratifying the Additional Protocol on Xenophobia and Racism: In 2019, San Marino ratified this protocol, which criminalizes acts of a racist and xenophobic nature committed through computer systems.
**Ratifying Convention 108+*: In November 2023, San Marino ratified this protocol, modernizing its data protection laws to address new challenges arising from the use of information and communication technologies.
📌 Summary
San Marino has established a comprehensive legal framework to address cybercrime and data protection, aligning with international standards and enhancing digital security and privacy. The country's commitment to international cooperation and robust enforcement mechanisms underscores its dedication to maintaining a secure digital environment.
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