Support Centre

Moldova

Summary

Law: Law No. 195/2024 on the Protection of Personal Data (only available in Romanian here) (Law No. 195/2024)

Regulator: National Centre for Personal Data Protection (NCPDP)

Summary: Moldova has an Association Agreement with the EU through which it has committed to ensuring adequate safeguards for the protection of personal data. The EU does not recognize Moldova as providing adequate protection.

On August 23, 2024, Law No. 195/2024 on the Protection of Personal Data (Law No. 195/2024) fully transposes the GDPR into Moldovan law and provides general personal data protection provisions including data subject rights, duties of data operators, requirements for Data Protection Impact Assessments (DPIAs), and data transfer requirements. Law No. 195/2024 will come into effect two years after publication.

In the meantime, Law of 8 July 2011 No. 133 on Personal Data Protection remains in force. The Law provides general personal data protection provisions, establishes data subject rights such as the rights to access, rectification, or erasure, and includes requirements to appoint a data protection officer and provide data processing notifications. Data transfers from Moldova to the EEA are allowed under the Law and in April 2022, the NCPDP approved a list of states that ensure an adequate level of protection of personal data, such as Canada and the UK. In addition, the Governmental Decision of December 14, 2010 No. 1123 on the Security of Personal Data within Automatic Databases (only available in Romanian here) established data breach notification requirements, as well as sanctions for failure to notify the NCPDP.

Moldova is a signatory of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (the Convention 108) and the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (the Convention 108+).

Insights

In this Insight article, Iulian Pașatii and Liviana Frunză, from Gladei & Partners, discuss Moldova's strengthened privacy framework with the enactment of Law No. 195 on the Protection of Personal Data (LPDP), which introduces stricter regulations to safeguard personal data and expands the rights of data subjects, enhancing Moldova's data protection standards.

On 22 April 2022, the National Centre for Personal Data Protection ('NCPDP') approved the standard contract for the cross-border transmission of personal data to states that do not ensure an adequate level of personal data protection. Roger Gladei, Iulian Pașatii, and Irina Culinschi, from Gladei & Partners, look at Standard Contractual Clauses ('SCCs'), their main clauses, and challenges of this newly established data transfer regime.

The Law of 11 November 2021 No. 175 for the amendment of some normative acts ('the Amendment Law') amended the Law of 8 July 2011 No. 133 on Personal Data Protection ('the Law on Personal Data Protection') and entered into effect on 10 January 2022. In particular, the Amendment Law introduces new controller obligations, including the obligation to conduct Data Protection Impact Assessments ('DPIAs') and the appointment of a data protection officer ('DPO'). OneTrust DataGuidance breaks down the key amendments.