International instruments

Council of Europe

(Monaco having joined the Council of Europe in 2004)

• Art 8 of the European Convention on Human Rights and Fundamental Rights (in force in Monaco since November 2005) European Convention on Human Rights

This article enshrines the right to privacy.

• Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (STE No. 108) (in force in Monaco as of 1^st April 2009) Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data

It is the first binding international legal instrument in the field of data protection. The aim of the Convention is to ensure that, in the territory of each Party, all individuals are guaranteed respect for their rights and fundamental freedoms, and in particular their right to privacy, with regard to the automatic processing of personal data concerning them, through the introduction of appropriate measures in domestic law.

• Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data regarding supervisory authorities and transborder data flows (in force in Monaco as of 1^st April 2009) STCE 181 - Additional Protocol to the Convention for the Protection of Individuals with

This Additional Protocol requires the Parties to establish Supervisory Authorities, exercising their functions in complete independence, responsible for ensuring compliance with the measures taken under domestic law to ensure the effectiveness of the principles set out in the Convention.

The recommendations of the Council of Europe, the reports and studies of the Council of Europe's Data Protection Committee and the reports drawn up by experts at the request of this institution are an additional source of reflection and law.

European Union

(Monaco is not a member of the Union)

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJUE L127 2 of 23/05/2018
• The Directive« Police-Justice» ( (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA Directive 2016/680