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 – CCIN)
• Relations with the Economic Development Department (Direction de l’Expansion Economique – DEE) to manage electronic signature and electronic seal certificates (registration, checking the file and the identity of the holder, renewal and revocation)
• 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 e-commerce, online service platforms (search engines, price comparators, marketplaces, classified ad sites, social networks), providers of online advice from consumers, technical service providers (trust services, hosting, cryptology, etc.), particular reference should be made to Law No. 1.383 of 2 August 2011 for a Digital Principality, amended by Law No. 1.482 of 17 December 2019.
Furthermore, Blockchain technology has been legally recognised in the Principality of Monaco since the aforementioned Law No. 1.482. Indeed, it defines the notion of “digital recording device on a shared register” (dispositif d’enregistrement numérique sur un registre partagé) , which covers the essential features of Blockchain technology, while being broader and neutral, which has the advantage of not limiting the application of dematerialisation to this technology alone in the future.
In its extension, Law No. 1.491 of 23 June 2020 relating to « offres de jetons » (Security Token Offering – STO, and Initial Coin Offering – ICO) introduced into Monegasque law a legal framework for fundraising carried out using a digital recording device on a shared register, such as the Blockchain.
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.