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Belarus

Summary

Law: Law of 7 May 2021 No. 99-Z on Personal Data Protection ('the PDP Law')

Regulator: The Presidential Edict No. 422 dated 28 October 2021 established the National Data Protection Center in Belarus. In addition, general governance in the sphere of information protection is performed by the President of the Republic of Belarus and the Council of Ministers of the Republic of Belarus.

Summary: The PDP Law was passed by the House of Representatives of the National Assembly of the Republic of Belarus on 2 April 2021 and was signed into law by the President on 7 May 2021 before entering into effect on 15 November 2021. Notably, the PDP Law follows many of the same basic principles as the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') and aims to introduce purpose limitation and data minimisation principles, provisions on consent and cross-border transfers, as well as a number of obligations for operators, including data breach and security requirements. In addition to the PDP Law, the Law of 10 November 2008 No. 455-Z on Information, Informatization and Protection of Information (only available in Russian here) ('the Law on Information') provides a regulatory framework on the collection, storage, usage, processing, and transfer of data in Belarus.

Insights

In this report, OneTrust DataGuidance provides a means of analyzing and comparing data protection requirements and recommendations under the General Data Protection Regulation (GDPR) and Law of 7 May 2021 No. 99-Z on Personal Data Protection (the PDP Law).

The report examines and compares the scope, main definitions, legal bases, data controller and processor obligations, data subject rights, and enforcement capacities of the PDP Law with the  GDPR.

You can access the latest version of the report here.

The Law on the protection of personal data ('the PDP Law') entered into effect, on 15 November 2021, following its enactment by the President of Belarus on 7 May 2021. The PDP Law establishes basic principles for the protection of personal information, some of which are comparable to that under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'). This insight will examine the key requirements set out in the PDP Law.