IT and communication law

The law firm GIACCARDI & BREZZO Avocats advises and assists actors and users of new information and communication technologies, in particular:

• Compliance with Monegasque and European regulations on the protection of personal data

• Relations with the Monegasque data protection authority (Commission de contrôle des informations nominatives)

• Legal security of e-commerce transactions

• Legal security of the use of communication tools at work, including teleworking

• Liability of service providers

• Offences via electronic communication networks (digital identity theft, defamation and damage to e-reputation, fraud, computer crimes, …)

 

Monegasque IT law

The information technology law (IT law) is a growing field in the Principality of Monaco.

It is a hybrid law at the crossroads of a multitude of more traditional rights.

With regard to civil matters (electronic evidence), e-commerce and technical service providers (hosting, Internet, cryptology …), it is necessary to refer in particular to Law No. 1.383 of 2 August 2011 on the Digital Economy.

In criminal matters, the Law No. 1.435 against technological crime transposed the provisions of the Council of Europe Convention on Cybercrime of 23 November 2001.

In administrative matters, the Law No. 1.165 of 23 December 1993 consolidated in 2018 governs the processing of personal data by means of new technologies. Monaco signed on 10 October 2018 the Amending Protocol to Convention 108 for the protection of individuals with regard to automated processing of personal data and its Additional Protocol on Supervisory Authorities and Transborder Flows of Personal Data.

It should be noted that Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) may apply to companies that are not established in the European Union, which offer goods or services to people located in the European Union or track their behavior.

In tax matters, the Law No. 1.444 of 19 December 2016 imposes additional obligations on Monegasque financial institutions relating to personal information in connection with the automatic exchange of information on financial accounts.

Given the gradual formation in the Principality of a relevant legal framework, and the extraterritorial scope of the European Union rules, a certain degree of vigilance is required in order to comply with the domestic and European regulations on personal data.

Lastly, Blockchains and smart contracts have recently been the subject of a draft law.

 

Anne
ROBERT

Our related publications

Monaco adopts Legislation on Initial Coin Offerings (ICO) and Security Token Offerings (STO) [OFFRES DE JETONS]

Legal News │ 26.06.2020 │ IT • BLOCKCHAIN • VIRTUAL ASSETS • FINANCIAL A new method of financing for Monegasque companies Law No. 1.491 of 23 June 2020 relating to "tokens offerings" (literally,"offres de jetons") (published in the Jo...

Contribution in the framework of the International Network of Privacy Law Professionals (INPLP)

06/2020 "Fight against Covid-19 pandemic in Monaco: temperature taking, camera detection of facemask wearing, and diagnostic tests". Contributors: Thomas GIACCARDI, Anne ROBERT INPLP is a not-for-profit international network of qualified pro...

CCIN: Position on the taking of temperature of employees and clients during the gradual resumption of economic activities

Legal News 05/2020 │ MONACO • COVID-19 • PERSONAL DATA • LABOUR  The Position with regard to sanitary measures in the context of the gradual resumption of activities following the end of containment (early May 2020) of the Monegasque Per...

Law No. 1.482 for a Digital Principality

Law No. 1.482 for a Digital Principality (Journal de Monaco of 27 December 2019) came out of the Draft Law No. 994 amending Act No. 1.383 of 2 August 2011 on Digital Economy, passed in Public Session on 4 December 2019. The expected and far-reachi...

Law N° 1.483 on Digital Identity

Law No. 1.483 on Digital identity (Journal de Monaco of 27 December 2019) stems from Draft Law No. 992 (20 articles), passed in Public Session on 4 December 2019. It is part of the Extended Monaco (e-Government) programme. Persons who have been ass...

Draft law No. 246 on the use of a digital recording device on a shared registry for the stocks and shares of non-listed companies

Draft law No. 246 (16 articles) of the National Council, adopted in Public Session on 4 December 2019, is an extension of the Extended Monaco "multifaceted" programme, which "is intended, among other things, to strengthen Monaco's attractiveness", wh...

Draft Law No. 995 on blockchain technology

Update: See specific Legislation on initial coin offerings (ICO) and security token offerings (offres de jetons) Draft law No. 995 (17 articles), received by the National Council on 4 June 2019, is part of the "process of modernization and digital...

Monaco International Blockchain (MIB) 3rd edition

07/05/2019 Speeches by Thomas BREZZO and Nicolas PAREDES LAPORTA "Regulations - Threats and opportunities" • Draft law No. 237 relating to blockchain • ICO and qualification of tokens • Banking and financial regulation ...

MONACO among the first signatories of the Amending Protocol (CETS No. 223) to "Convention 108"

MONACO signed on 10 October 2018 the Amending Protocol (CETS: 223) - open for signature by the 53 Contracting States[i] to “Convention 108”[ii] - together with 19 other Council of Europe member States (Austria, Belgium, Bulgaria, Estonia, Finland...

Liability of the owner of an internet connection used for copyright infringements (German Law)

Court of Justice of the European Union, Judgment of 18 October 2018, Bastei Lübbe GmbH & Co. KG / Michael Strotzer, Case C-149/17 There is no fair balance between the right to an effective remedy and the right to intellectual property, on the...

Colloque Eurojuris interprofessionnel sur la preuve

10 novembre 2017 (Paris) Participation de Rozenn LE BOHEC ICYK, Anne ROBERT, Olivier SEUROT. • Theoretical and jurisprudential framework of the "right to evidence" • Evidence and business secrecy • The specificities of the law of ev...

Data Protection Compliance in Monaco

31 March 2017  Project Data Privacy Compliance (DPC)/Cloud Privacy Check (CPC) More Article provided by Thomas GIACCARDI about "The new online preregistration and new modalities for the declaration forms"....

UIA (International Association of Lawyers) 60th Congress

October 28-November 1, 2016 (Budapest) With the participation of Benjamin LECLERCQ. More • Is there a specific right for robots? • 3D Printing - Shaping the Shapes of the Future  ...

Monaco Business News: The protection of personal data 

July 2016 (nb. 56, p. 13) Interview with Anne ROBERT "The key contributions of the Law No.1.420 of December 1, 2015: Control of personal data processing by the Commission de contrôle des informations nominatives (CCIN)" More...

Monaco Business News: Digital Economy, A Strategic Challenge for Monaco

December, 2014 (nb 50, p. 4) Interview with Rozenn LE BOHEC ICYK “Legal Developments relating to the Dematerialization of the Written Document in Monaco and in Europe"...

Monaco Business Exhibition: Launch of the Good Practice Guide on Digital Technology 

November 13, 2014 (Auditorium Rainier III) In collaboration with the GTEN (Working Group on Digital Economy) Speech by Rozenn LE BOHEC ICYK “Electronic Evidence”...

Meeting: The Dematerialization of the Monegasque Invoices

June 24, 2014 (Fairmont Monte-Carlo) Organized by ACTIS/SOLUDOC Speech by Thomas GIACCARDI "Electronic Invoicing and Tax Compliance"...

 Informal Debate: Evidence and IT 

September 17, 2013 (Monte-Carlo Bay) Organized by GIACCARDI Speeches by: • Rozenn LE BOHEC ICYK about "Electronic Evidence under Monegasque Law" • Valérie DE BLECKER (polytechnic engineer specialised in multimedia/Internet technolog...

 
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