Cyprus

 
OVERVIEW Cyprus has enacted the legislation necessary to comply with the EU Data Protection Directive.
ENACTED 2001
GENERAL PRIVACY LAWS

Processing of Personal Data Law of 2001

The Cypriot Constitution contains three provisions regarding privacy.

PERSONAL DATA PROTECTION LAWS AND REGULATIONS

The Processing of Personal Data (Protection of Individuals) Law of 2001 came into force on 23 November 2001. Pursuant to Section 3(1) of the Law, it applies to the processing of personal data "wholly or partly by automatic means".

The law applies to data processing carried out (a) by a data controller established in Cyprus; and (b) by a data controller not established in Cyprus but using equipment located in Cyprus for purposes other than mere transit.

TYPE OF DATA PROTECTED Personal Data.
WORKPLACE PRIVACY LAWS The Processing of Personal Data Law applies.
TRANSBORDER TRANSFERS Section 9 of the Processing of Personal Data Law of 2001 requires data controllers to get a license before transferring personal data to a non European Union country. The third countries must provide an adequate level of protection.
FINES AND SANCTIONS

In Cyprus, a range of remedies and sanctions are available. The Commissioner for Protection of Personal Data (the Commissioner) may do any of the following:

  • Issue a warning with a specific time-limit for compliance;
  • Issue a fine of up to 5,000 EUR;
  • Revoke a license, temporarily or permanently; or
  • Order the destruction of a filing system or the cessation of processing.

The Law also provides for other penalties, including imprisonment for up to one year or with a fine not exceeding 2,000 EUR or by both such imprisonment and a fine.

OTHER PRIVACY LAWS AND REGULATIONS

Part XI of the Banking Law prohibits any person having access to the records of a bank with regard to the account of any individual customer of that bank from giving, divulging or revealing any information whatsoever regarding the account of that customer, or from using the information for his own benefit. The law applies to all employees of the bank and to its officers and agents and their employees.

Electronic Communications: In April 2004, the Regulation of Electronic Communications and Postal Services Law of 2004 was enacted.

Law on Electronic Commerce: In 2004, Cyprus adopted the Law on certain Aspects of Information Society, and Specifically Electronic Commerce, and Relevant Matters.

Law on the Conclusion of Distance Contracts of 2000.