CyprusElectronic Communications and Postal Services Regulation Law, Article 99(1) to (4), Confidentiality of Communications and Business Recording
Law 112(I)/2004, art. 99(1)-(4)
In force since .
An interception and recording consent rule binding public and private bodies.
- Obligation class
- Consent, Security, Prohibition
As of .
What it requires
- If you provide a publicly available electronic communications network or service, take all due technical and organizational measures to secure the confidentiality of any communication carried over it and of the related traffic data, and make sure your employees do the same (Article 99, paragraph 1).
- Do not listen to, tap, store, interfere with or otherwise monitor communications or the related traffic data unless you are one of the users communicating with each other, the users concerned have consented, or paragraph 3 allows it. A recording of conversations and traffic data that the law permits in the course of lawful business practice, to provide evidence of a commercial transaction or other business communication, is left outside that prohibition (Article 99, paragraphs 2 to 4).
If you get it wrong
Penalty structure
Article 107B, paragraph 1 lets the Commissioner for Personal Data Protection impose an administrative fine of up to EUR 200,000 for a breach of the provisions of that Part of the Law.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 200,000
Who enforces it
Enforcement body
The Commissioner for Personal Data Protection (Επίτροπος Προστασίας Δεδομένων Προσωπικού Χαρακτήρα), who has competence over possible breaches of Articles 99, 100, 101, 105 and 106 (Article 107, paragraph 2), and the Commissioner of Electronic Communications and Postal Regulation, who may order a breach of that Part of the Law to stop and impose the sanctions the Law provides (Article 107, paragraph 1).
What this law does
Article 99, paragraph 1 of Law 112(I)/2004 requires providers of publicly available electronic communications networks or services, and their employees, to take all due technical and organizational measures to secure the confidentiality of any communication carried over the network or service and of the related traffic data.
Article 99, paragraph 2 prohibits anyone other than the users communicating with each other from listening to, tapping, storing, interfering with or otherwise monitoring communications and the related traffic data without the consent of the users concerned, except as paragraph 3 provides. Article 99, paragraph 3 allows interference with communications in the circumstances the law provides and with the permission of a Court.
Article 99, paragraph 4 leaves untouched any recording of conversations and the related traffic data that the law permits in the course of lawful business practice to provide evidence of a commercial transaction or of any other business communication. Article 107, paragraph 2 gives the Commissioner for Personal Data Protection competence over possible breaches of Articles 99, 100, 101, 105 and 106.
Article 107B, paragraph 1 lets that Commissioner impose an administrative fine of up to EUR 200,000 for a breach of the provisions of that Part of the Law. Under Article 7 of the Interpretation Law, a Law comes into force on the day of its publication in the Official Gazette unless it provides otherwise.
When LexLint raises it
When your app profile says your app records calls, records text chat, processes voice recordings or deploys a chatbot.