Belarus | Code of Administrative Offenses 2021: responsibility changes for work with personal data

05/03/2021

From March 1, 2021, a new Code of Administrative Offenses of the Republic of Belarus of 06.01.2021 No. 91-Z, as well as the Procedural and Executive Code of the Republic of Belarus on Administrative Offenses of 06.01.2021 No. 92-Z become effective. Despite the fact that the updated codes introduce the priority of preventive measures, in some cases, administrative responsibility will increase.

Previously, the liability in the field of working with personal data had been mainly provided for the disclosure of commercial or other secrets protected by law, or personal data, and for the violation of information protection rules.

From the dates mentioned above, there will be new grounds for bringing to administrative responsibility (see the table).

Type of administrative offense Administrative responsibility
Intentional illegal collection, processing, storage or provision of an individual’s personal data or violation of his/her rights related to personal data processing Fine up to 50 basic values (up to 1450 BYN)
The actions specified above, committed by a person to whom personal data is known in connection with his/her professional or official activities Fine from 4 to 100 basic values (from 116 to 2900 BYN)
Intentional illegal distribution of individuals’ personal data Fine up to 200 basic values (up to 5800 BYN)
Failure to comply with measures to ensure individuals’ personal data protection Fine from 2 to 10 basic values (from 58 to 290 BYN),

Individual entrepreneur – fine from 10 to 25 basic values (from 290 to 725 BYN)

Legal entity – fine from 20 to 50 basic values (from 580 to 1450 BYN)

We would like to remind you that there is still no comprehensive regulatory legal act regulating the work with personal data in the Republic of Belarus. However, there are plans to adopt the Law “On Personal Data Protection”, which will fundamentally change the issues of processing, collection, provision, dissemination of personal data, consolidate new rights and obligations, mechanisms for protecting the rights of personal data subjects. The Law will possibly enter into force one year after its official publication, which will make some time to prepare for its implementation.

How SCHNEIDER GROUP can help

The experts of Minsk office of SCHNEIDER GROUP will be happy to provide you with professional support in issues related to the legislation on personal data.

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