General Conditions for the Processing of Employee Data

  • Post category:Hungary

Under Hungarian laws, the processing of employee personal data is subject to the special conditions and limitations of the Labour Code due to the likely subordinated position of employees within the context of employment. According to the case law of the Data Protection Commissioner, data quality requirements of the Data Protection Act must be interpreted in the light of the provisions of the Labour Code having cumulative effect with respect to the protection provided for workers under general data protection laws harmonised by the European Data Protection Directive. According to the prevailing opinion, the provisions of the Hungarian Labour Code are specific in relation to the general rules of the Data Protection Act. However, it causes several ambiguities in practice that the Hungarian Labour Code does not have any provisions specifically dealing with data protection issues within the context of employment. (more…)

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International Transfer of Personal Data – Hungary

  • Post category:Hungary

In our global and digital age, international transfers of personal data became an integral part of everyday life and same also gained significant importance in the Hungarian jurisdiction.

”Transfer” has been defined in the Hungarian Data Protection Act, the domestic implementation of the EU Privacy Directive 95/46/EC as “making data accessible to particular third parties other than the data subject, the data controller or the technical data processor”.

In compliance with the Directive, data transfer within the Member States of the European Economic Area is treated as a domestic data transfer in Hungary. Section 8 of the Hungarian Data Protection Act applies to such transfer which provision lays down that the consent of the data subject shall be obtained or a legislative act shall permit same.

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New Guidance on Internal Whistleblowing in Hungary

  • Post category:Hungary

The Data Protection Commissioner, the Hungarian Data Protection Authority has released several guidances (Guidance Nr 271/K/2007, Guidance Nr 295/K/2007 as well as Guidance Nr 652/K/2007) concerning the operation of whistleblowing systems, employee ethics hotlines in Hungary in the past.

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