HUNGARY Law and Practice Contributed by: Adam Liber and Tamás Bereczki, PROVARIS Varga & Partners
PROVARIS Varga & Partners 1053 Budapest Károlyi utca 9 CENTRAL PALACE 5th floor Tel: +36 70 605 1000
Email: info@provaris.hu Web: www.provaris.hu
1. Legal and Regulatory Framework 1.1 Overview of Data and Privacy- Related Laws Hungary adheres to a singular legislative privacy regime without any regional variations in data protection laws. The national framework, inte - grating the GDPR and Hungarian law, is con - sistently enforced throughout the country. This legal structure showcases a significant interplay between national regulations and multinational frameworks, especially those established by the European Union. Hungary is also a participant in international data protection agreements, including the Convention for the Protection of Individuals with Automatic Processing of Per - sonal Data and its amending Protocol. Key aspects of Hungary’s data protection law in relation to multinational systems include: • GDPR Implementation: Hungary has aligned its national laws with the EU’s GDPR. In instances of conflict between GDPR and Hungarian privacy rules, GDPR takes prec - edence, as confirmed by Hungary’s National Authority for Data Protection and Freedom
of Information ( Nemzeti Adatvédelmi és Információszabadság Hatóság, or NAIH). • Directive (EU) 2016/680 of the European Par - liament and of the Council (the “Law Enforce - ment Directive”) Implementation: Act No CXII of 2011 on the Right to Informational Self- Determination and Freedom of Information (the “Information Act”) in Hungary serves as the primary legislation implementing the EU’s Law Enforcement Directive. • E-Privacy Laws: Hungary has incorporated the EU Directive on privacy and electronic communications into its national law, primarily through the Act on Electronic Commerce and Information Society Services and the Act on Electronic Communications. In the EU’s cross-border data protection frame - work, the NAIH collaborates with authorities in other member states under the GDPR’s one- stop-shop mechanism. This system allows a lead supervisory authority, typically in the coun - try where a company’s main EU establishment is located, to primarily enforce GDPR, with NAIH providing support when needed. Legal Background In Hungary, privacy and data protection are gov - erned by a combination of the national constitu -
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