10
Fri, Jul
67 New Articles

Amendment to the Hungarian Data Protection Act

Amendment to the Hungarian Data Protection Act

Hungary
Tools
Typography
  • Smaller Small Medium Big Bigger
  • Default Helvetica Segoe Georgia Times

The Hungarian Parliament amended the Hungarian Data Protection Act in June 2018 in order to ensure the consistency of the Hungarian legislation with the provisions of the GDPR.

The amendment introduces new definitions, obligations and specification of the actual Hungarian data protection laws, such as the mandatory triennial revision of the data processing if the data processing is necessary for compliance with a legal obligation and the applicable law does not prescribe any mandatory revision. The amendment clarifies in addition the position and the role of the data protection officer, and specifies the right to an effective judicial remedy. 

The majority of the amendments entered into force on 26 July 2018, however the provisions relating to the data protection authorisation process of the Hungarian Data Protection Authority (“NAIH”) enters into force on 25 August 2018.

EU regulations, such as GDPR, are directly applicable in the EU Member States and have direct effect, therefore, there is no need for a separate act to incorporate the provisions of the regulation to the national legal system. The principal aim of amendment is to ensure the conditions for implementing the provisions of GDPR, thus to elaborate the procedural rules necessary for applying the legal institutions defined in the GDPR and to define the material and procedural provisions applicable to data processing not subject to GDPR.

The amendment of the Hungarian Data Protection Act is the first step of the harmonisation of the Hungarian legislation to the provisions of the GDPR, however, the sectoral acts (such as the Hungarian Labour Code) still need to be amended in order to ensure their consistency with the GDPR

By Rita Parkanyi, Partner, KCG Partners Law Firm

Hungary Knowledge Partner

Nagy és Trócsányi was founded in 1991, turned into limited professional partnership (in Hungarian: ügyvédi iroda) in 1992, with the aim of offering sophisticated legal services. The firm continues to seek excellence in a comprehensive and modern practice, which spans international commercial and business law. 

The firm’s lawyers provide clients with advice and representation in an active, thoughtful and ethical manner, with a real understanding of clients‘ business needs and the markets in which they operate.

The firm is one of the largest home-grown independent law firms in Hungary. Currently Nagy és Trócsányi has 26 lawyers out of which there are 8 active partners. All partners are equity partners.

Nagy és Trócsányi is a legal entity and registered with the Budapest Bar Association. All lawyers of the Budapest office are either members of, or registered as clerks with, the Budapest Bar Association. Several of the firm’s lawyers are admitted attorneys or registered as legal consultants in New York.

The firm advises a broad range of clients, including numerous multinational corporations. 

Our activity focuses on the following practice areas: M&A, company law, litigation and dispute resolution, real estate law, banking and finance, project financing, insolvency and restructuring, venture capital investment, taxation, competition, utilities, energy, media and telecommunication.

Nagy és Trócsányi is the exclusive member firm in Hungary for Lex Mundi – the world’s leading network of independent law firms with in-depth experience in 100+countries worldwide.

The firm advises a broad range of clients, including numerous multinational corporations. Among our key clients are: OTP Bank, Sberbank, Erste Bank, Scania, KS ORKA, Mannvit, DAF Trucks, Booking.com, Museum of Fine Arts of Budapest, Hungarian Post Pte Ltd, Hiventures, Strabag, CPI Hungary, Givaudan, Marks & Spencer, CBA.

Firm's website.

Our Latest Issue