CyprusElectronic Communications and Postal Services Regulation Law, Article 99(5), Consent for Storing or Accessing Information on Terminal Equipment
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent
As of .
What it requires
- Do not store information in the terminal equipment of a subscriber or user, or gain access to information already stored there, unless the subscriber or user has given consent, among other things for the purpose of the processing. Technical storage or access whose sole purpose is carrying out the transmission of a communication over an electronic communications network, or that is strictly necessary for you to provide an information society service the subscriber or user expressly requested, is not prevented (Article 99, paragraph 5).
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 5 of Law 112(I)/2004 allows storing information, or gaining access to information already stored, in the terminal equipment of a subscriber or user only if that subscriber or user has given consent, among other things for the purpose of the processing.
The proviso to paragraph 5 does not prevent technical storage or access whose sole purpose is carrying out the transmission of a communication over an electronic communications network, or that is strictly necessary for the provider of an information society service the subscriber or user expressly requested to provide that service. Law 51(I)/2012 replaced paragraph 5 of Article 99 with the consent requirement.
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 tracks devices.