Key Benefits:
Original text
(State on 25 January 2012)
Preamble
The Parties to this Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data 2 , opened for signature in Strasbourg on 28 January 1981 (hereinafter referred to as "the Convention"),
Convinced that supervisory authorities carrying out their duties in all cases are an element of the effective protection of persons with regard to the processing of personal data,
Considering the importance of the flow of information among peoples,
Whereas, with the intensification of exchanges of personal data across borders, it is necessary to ensure the effective protection of human rights and fundamental freedoms, and, in particular, the right to respect for Privacy, in relation to such exchanges,
Agreed to the following:
Each Party shall provide that one or more authorities shall be responsible for ensuring compliance with the measures giving effect, in its domestic law, to the principles set out in Chapters II and III of the Convention and in this Protocol.
3. The supervisory authorities shall exercise their functions independently.
4. Decisions of the supervisory authorities adversely affecting them may be the subject of judicial review.
5. In accordance with the provisions of chap. IV and without prejudice to the provisions of Art. 13 of the Convention, the supervisory authorities shall cooperate with each other to the extent necessary for the performance of their tasks, in particular by exchanging any relevant information.
Each Party provides that the transfer of personal data to a recipient subject to the jurisdiction of a State or an organization which is not a Party to the Convention may be effected only if that State or that organization provides An appropriate level of protection for the transfer.
2. By way of derogation from s. 1 of the art. 2 of this Protocol, each Party may authorize the transfer of personal data:
(1) The Parties shall consider the provisions of Art. 1 and 2 of this Protocol as additional articles to the Convention, and all the provisions of the Convention shall apply accordingly.
2. This Protocol shall be open for signature by the signatory States of the Convention. After having acceded to the Convention under the conditions established by the Convention, the European Communities may sign this Protocol. This Protocol shall be subject to ratification, acceptance or approval. A Signatory of this Protocol shall not ratify, accept or approve it, without having previously or simultaneously ratified, accepted or approved the Convention or without having acceded to it. Instruments of ratification, acceptance or approval of this Protocol shall be deposited with the Secretary General of the Council of Europe.
6. The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, the European Communities and any State which has acceded to this Protocol:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.
Done at Strasbourg, on 8 November 2001, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe, the European Communities and any State invited to accede to the Convention.
(Suivent signatures)
States Parties |
Ratification |
Entry into force |
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Albania |
February 14 |
2005 |
1 Er June |
2005 |
Germany * |
12 March |
2003 |
1 Er July |
2004 |
Andorra |
6 May |
2008 |
1 Er September |
2008 |
Austria |
April 4 |
2008 |
1 Er August |
2008 |
Bosnia and Herzegovina |
March 31 |
2006 |
1 Er July |
2006 |
Bulgaria |
July 8 |
2010 |
1 Er November |
2010 |
Cyprus |
March 17 |
2004 |
1 Er July |
2004 |
Croatia |
21 June |
2005 |
1 Er October |
2005 |
Spain * |
3 June |
2010 |
1 Er October |
2010 |
Estonia |
28 July |
2009 |
1 Er November |
2009 |
France |
22 May |
2007 |
1 Er September |
2007 |
Hungary |
4 May |
2005 |
1 Er September |
2005 |
Ireland |
5 May |
2009 |
1 Er September |
2009 |
Latvia |
21 November |
2007 |
1 Er March |
2008 |
Liechtenstein |
28 January |
2010 |
1 Er May |
2010 |
Lithuania |
2 March |
2004 |
1 Er July |
2004 |
Luxembourg |
23 January |
2007 |
1 Er May |
2007 |
Macedonia |
26 September |
2008 |
1 Er January |
2009 |
Moldova |
28 September |
2011 |
1 Er January |
2012 |
Monaco |
24 December |
2008 |
1 Er January |
2009 |
Montenegro |
3 March |
2010 |
1 Er July |
2010 |
Netherlands A |
8 September |
2004 |
1 Er January |
2005 |
Caribbean (Bonaire, Sint Eustatius and Saba) |
10 October |
2010 |
10 October |
2010 |
Poland |
July 12 |
2005 |
1 Er November |
2005 |
Portugal |
11 January |
2007 |
1 Er May |
2007 |
Czech Republic |
24 September |
2003 |
1 Er July |
2004 |
Romania |
February 15 |
2006 |
1 Er June |
2006 |
Serbia |
8 December |
2008 |
1 Er April |
2009 |
Slovakia |
24 July |
2002 |
1 Er July |
2004 |
Sweden |
8 November |
2001 |
1 Er July |
2004 |
Switzerland |
20 December |
2007 |
1 Er April |
2008 |
Ukraine |
September 30 |
2010 |
1 Er January |
2011 |
* |
Reservations and declarations. Reservations and declarations are not published in the RO. The texts in English and French can be consulted at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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A |
For the Kingdom in Europe. |
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1 RO 2008 729
2 RS 0.235.1
3 RO 2008 735 , 2010 597, 2012 619. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).