The Principality of Monaco has adopted Act No. 1.054 on the protection of personal data, aligning its legislative framework with the highest European standards, including the General Data Protection Regulation (GDPR), the Law Enforcement Directive, and the Council of Europe’s Convention 108. The new law represents a significant step forward in safeguarding personal data in both public and private sectors and enhancing Monaco’s appeal as a digital hub.

The legislation, comprising 118 articles, was passed during the National Council’s session on November 28, 2024. It reflects Monaco’s commitment to adapting to the evolving digital landscape while prioritizing privacy and security. The government expressed gratitude to the National Council for the quality of the debate and cooperation in bringing this landmark legislation to fruition.

The new act introduces several provisions aimed at bolstering data protection and compliance. Highlights include:

• Establishment of a New Authority: A new personal data protection authority (APDP) will replace the existing CCIN, ensuring more robust oversight of data protection practices.

• Strengthened Rights: Enhanced protections for individual data rights, particularly for minors, and a reduction in preliminary declaratory formalities.

• Increased Responsibility: Data processors will face stricter accountability measures, including the appointment of data protection officers.

• Criminal Data Framework: A clearer framework for handling criminal data by administrative and judicial bodies.

• Cross-Border Data Security: Introduction of safeguards to secure data exchanges within Europe and internationally.

• Enhanced Sanctions: Introduction of administrative fines of up to €10 million for non-compliance.

The adoption of Act No. 1.054 positions Monaco to renew its request for recognition of legislative compliance from the European Commission. The process, halted in 2012 with the advent of the GDPR, would facilitate seamless data transfers between Monaco and EU nations. The act also supports Monaco’s economic ambitions, enhancing its attractiveness as a destination for businesses relying on secure data practices.

Monaco also ratified Act No. 1.053, which formalizes the adoption of the protocol amending the Council of Europe’s Convention 108. This protocol, the only binding international legal instrument on data protection, strengthens Monaco’s commitment to international standards. The government plans to immediately begin the ratification process, building on its initial 2008 signature.

In response to concerns from the National Council about the impact of the new law on various stakeholders, the government announced an information seminar. Scheduled for December 11, 2024, at Lycée Rainier III, the seminar will target the State’s executive branch, public institutions, private entities operating in the public interest, and public service concession holders. It aims to ensure a smooth transition and widespread understanding of the law’s implications.
 

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