LiechtensteinDatenschutzgesetz (DSG)
Datenschutzgesetz (DSG) LGBl. 2018 Nr. 272, dated , in effect ; Regulation (EU) 2016/679 as incorporated into the EEA Agreement by EEA Joint Committee Decision No. 154/2018
In force since .
A comprehensive regime rule binding public and private bodies.
- How the hook was established
- express
- What makes it apply
- Operator establishment
- Audit expectation
- none
What it requires
- Establish a lawful basis under Article 6 of the General Data Protection Regulation (GDPR), which applies in Liechtenstein as EEA law, before processing personal data of a person in Liechtenstein, including data collected by crawling.NIST Privacy FrameworkCT.PO-P1
- Comply with the GDPR as EEA law in Liechtenstein; the DSG implements the Regulation and does not apply insofar as EEA law, in particular the GDPR, applies directly.NIST Privacy FrameworkGV.PO-P5
These lines are LexLint's reading of the law's text. Also read by: Datenschutzstelle (Data Protection Authority) of the Principality of Liechtenstein (guidance, recorded ).
In the frameworks
- NIST Privacy Framework
- GV.PO-P5Legal, regulatory, and contractual requirements regarding privacy are understood and managed.
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Guidance link
- https://www.datenschutzstelle.li/rechtsgrundlagen/faqs-zur-dsgvo
- Guidance body
- Datenschutzstelle (Data Protection Authority) of the Principality of Liechtenstein
- Open questions
- Does processing that serves publication in the editorial part of a periodical medium alongside a commercial purpose count as processing "im redaktionellen Teil eines periodisch erscheinenden Mediums" ("in the editorial part of a periodically appearing medium") under Article 25 of the Datenschutzgesetz, so that the controller may refuse, restrict or defer access under Article 15 of Regulation (EU) 2016/679?
What it makes you log
Logging duty
The row rests on the Act's relationship to EEA law: Article 2(6) switches the Act off wherever the GDPR applies directly, and the GDPR's own record duties (such as Article 30) are therefore not restated here. This row cites no section of the Act that makes anyone keep, produce or log a record. The register of processing activities (Article 69), the processing log (Article 75), breach documentation (Article 64(5)) and transfer documentation (Article 78(2)) sit in Chapter III on processing by the criminal-justice bodies and are coded on the rows that cite them, where one does. The scope clause in Article 2(3)(b) reaches a non-public body whose processing takes place in the activities of a domestic establishment; its other limbs, which turn on where processing happens or on the GDPR's own reach, are left out of the hook.
- Kind
- None
- As of
What this law does
EEA Joint Committee Decision No. 154/2018 of replaced point 5e of Annex XI to the EEA Agreement with Regulation (EU) 2016/679. That Decision provides that, for the purposes of the EEA Agreement, the terms Member State and supervisory authority include the EFTA States and their supervisory authorities. The Datenschutzgesetz (DSG) of serves to implement the General Data Protection Regulation (GDPR). It also transposes Directive (EU) 2016/680. It took effect on .
The DSG does not apply insofar as EEA law, in particular the GDPR, applies directly. The Datenschutzstelle is the national supervisory authority under Article 51 of the GDPR and Article 41 of Directive (EU) 2016/680.
When LexLint raises it
When your app profile says your app crawls the web or processes personal data.
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