New Data Protection Law in Hungary: Binding Corporate Rules and ’ad hoc’ contractual arrangements omitted from the list of adequacy instruments

  • Post category:Hungary

The Hungarian Parliament has adopted the Act No CXII of 2011 on Informational Self-Determination and Freedom of Information (the new Data Protection Act of 2011), the domestic implementation of the European Data Protection Directive (95/46/EC) which will enter into force by 1 January 2012. The new Act will replace the Act LXIII of 1992 on the Protection of Personal Data and Public Access to Data of Public Interest (the Data Protection Act of 1992). The new legislation introduces significant changes, as it establishes a stronger DPA with administrative powers and provides a “balance of interest clause” which was completely missing from the Data Protection Act of 1992.

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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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