Privacy Law at Monaco
Monaco has significantly updated its data protection framework with the enactment of Law No. 1.565 of 3 December 2024, which replaced the previous Law No. 1.165 of 23 December 1993. This reform aligns Monaco's legislation with European standards, notably the EU's General Data Protection Regulation (GDPR), the Law Enforcement Directive, and the Council of Europe’s Convention 108+
Key Provisions of Law No. 1.565
1. *Expanded Scope and Territorial Reach
The law applies t: Data controllers or processors established in Monaco. Processing activities targeting individuals located in Monaco, even if conducted outside the Principality
2. *Enhanced Rights for Individuals
Individuals now have strengthened rights, including:
Right to Information Clearer and more comprehensive information about data processing.
Right to Access, Rectification, Erasure, and Portability Expanded rights to manage personal dat.
Right to Restrict Processing Ability to limit the use of personal data under certain conditions
3. *Obligations for Data Controllers and Processors
Organizations must: Maintain a register of processing activities. Appoint a Data Protection Officer (DPO) where necessary. Implement data protection by design and by default. Notify the Personal Data Protection Authority (APDP) and affected individuals in case of data breaches. Conduct Data Protection Impact Assessments (DPIAs) for high-risk processing activities
4. *Establishment of the Personal Data Protection Authority (APDP)
The APDP replaces the former Commission de Contrôle des Information’s Nominatives (CCIN) and is empowered t: Impose administrative fines up to €10 million or 4% of global annual turnover, whichever is higher. Suspend or interrupt data flows to non-compliant entities
🗓️ Transition Period and Compliance Deadlines
Organizations have until 14 December 2025 to comply with most provisions, including:- Appointment of a DO.- Establishment of a processing register.- Implementation of necessary technical and organizational measures
🌍 International Alignment
Monaco's adherence to the modernized Convention 108+ and alignment with the EU's data protection framework positions it to seek an adequacy decision from the European Commisso. This would facilitate smoother data exchanges between Monaco and EU member states
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