EU DPAs recommend Monaco to be considered as adequate for data transfers

28/09/2012

The EU’s Data Protection Working Party has analysed the extent to which the Monaco DP regime fulfils the requirements for data transfers under the EU Data Protection Directive, and says that Monaco's DP law provides an adequate level of protection.

Monaco data protection legislation is close to France's data protection law. However, the Working Party encourages Monaco’s  authorities to look into the need to clarify the right for data subjects to be informed in a timely manner (especially when data have not been obtained directly from the data subject), and to object without legitimate basis to processing for direct marketing purposes as the current wording of Articles 13 and 14 of the Act does not expressly mention the term “without legitimate basis”.

The Working Party also recommends that Monaco strengthens the DPA’s enforcement powers with regard to the public sector, and implements the agreement between the Monaco government  and the DPA on more effective financial and administrative independence for the DPA.


The opinion, published on 10 September, is at http://ec.europa.eu/justice/data-protection/article-29/documentation/opinion-recommendation/files/2012/wp198_en.pdf

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