MozambiqueElectronic Transactions Law, data protection contraventions and enforcement
Lei n.º 3/2017, de 9 de Janeiro, arts. 67(m), 68(c), 69-70 (contravenções e fiscalização)
In force since .
An enforcement supervision rule binding public and private bodies.
- Obligation class
- Governance
- Audit expectation
- none
What it requires
- Expect violating the data protection duties of this chapter to be treated as a punishable contravention.
- Expect a fine of 30 to 90 times the public-service minimum wage for that contravention, unless a more severe penalty applies under separate criminal legislation.
- Expect the National Institute of Information and Communication Technologies (INTIC), the law's designated regulatory entity, to process and decide the contravention proceeding.
- Expect a sanction for a contravention to be appealable directly to the judicial court of the relevant jurisdiction, or by a prior complaint to the minister overseeing information technology.
These lines are LexLint's reading of the law's text.
What it makes you log
Logging duty
Article 67(m) makes a breach of the processor's data protection duties a contravention, article 68(c) sets the fine (30 to 90 times the public-service minimum wage), article 69 gives the regulatory entity the handling and decision of contravention proceedings, and article 70 provides appeal to the courts. These are sanction and procedure provisions: they impose no duty to keep a log or record and name no audit or inspection. The inspection services of article 72 sit outside the cited articles. English of the pinned clause: a breach of the data protection duty, a breach of the data processor's obligations in this Law. The text pinned is the Boletim da República through an archive capture, because the row's own host is a compliance vendor.
- Kind
- None
- As of
What this law does
Article 66 states that the contraventions in this chapter are punishable under the following articles, without prejudice to a more severe penalty under separate criminal legislation. Article 67(m) makes violating the data-protection duty, meaning the data processor's obligations under this Law, a punishable contravention alongside a list of computer-misuse contraventions.
Article 68(c) sets the fine for that contravention, along with five other listed contraventions, at 30 to 90 times the public-service minimum wage, unless a more severe penalty applies under separate criminal legislation.
Article 69(1) gives the entidade reguladora, identified by article 11(2) as the National Institute of Information and Communication Technologies (INTIC), the power to process and decide the contravention proceeding, and article 69(2) leaves the procedural regime for contraventions to be regulated by the Council of Ministers.
Article 70(1) lets a sanction from a contravention be appealed directly to the judicial court of the relevant jurisdiction, or challenged first by a complaint to the minister overseeing information technology, and article 70(2) sends an appeal from any other decision to the Administrative Court. Article 75 brings the Law into force 90 days after its publication. The Law appears in the Boletim da República, I Série, n.º 5, as Lei n.º 3/2017 de 9 de Janeiro.
When LexLint raises it
When your app profile says your app processes personal data.
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