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Liechtenstein National Law Gazette
Vintage 2018

No. 415

issued on December 19, 2018

Data Protection Ordinance (DSV)
dated December 11, 2018
Based on Art. 5 Paragraph 7, Art. 15 Paragraph 5, Art. 39 Paragraph 2 and Art. 85
of the Data Protection Act (DSG) of October 4, 2018, LGBl. 2018 No. 272,
the government decrees:

I. General provisions
Art. 1
object
This ordinance regulates in implementation of the Data Protection Act and
of Regulation (EU) 2016/679 1 in particular:
a) the data processing of public bodies by or for third parties;
b) the reporting of video surveillance;
c) the accreditation of certification bodies;
d) the transfer of personal data to third countries or international
national organizations based on adequacy decisions
and standard data protection clauses;
e) the fees for activities of the data protection office and the responsible
lichen.

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Art. 2
Designations
Among the personal names used in this Ordinance
members of the female and male sex are to be understood.

II. Data processing by public bodies by third parties or
for third parties
Art. 3
Data processing by public bodies by third parties
1) Public bodies may process data by third parties as processing
Have contract processors carried out if there are no statutory provisions
oppose such order processing.
2) The assignment is carried out by contract. The contract has in particular
the requirements of Art. 28 Paragraph 3 of Regulation (EU) 2016/679
to suffice. Official secrecy and any interests in secrecy
Third parties are to be guaranteed.
Art. 4
Data processing by public authorities for third parties
1) Public bodies as processors may process data
perform services for third parties if:
a) a law provides for this; or
b) there is a public interest in this.
2) Insofar as the data processing is not based on statutory provisions
is regulated, it must be regulated by contract. The contract has in particular
special to the requirements of Art. 28 of Regulation (EU) 2016/679
suffice.

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III. Reporting of video surveillance
Art. 5
Reporting procedure
1) Notifiable video surveillance according to Art. 5 Para. 7 of the data
Protection Act are to be submitted in writing to the data protection office prior to
to report.
2) The report must contain at least the following information:
a) Responsible body (name, contact details, responsible person, registered office,
Branch);
b) Type of video surveillance (recording / real-time, fixed / panning,
Video / audio);
c) monitored areas;
d) operating times;
e) Purpose and necessity of video surveillance and data processing
tung;
f) Information on the proportionality (milder means, worthy of protection
Interests of data subjects);
g) information on the persons affected by the video surveillance;
h) Description of the data processing (technical procedures, evaluation
options, transfer of data);
i) data storage (manner, duration, deletion);
k) technical and organizational measures for data security;
l) the way in which people affected by video surveillance
be informed.
3) The data protection office provides a form for reporting
supply. You can also offer the form in electronic form.

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IV. Accreditation of certification bodies
Art. 6
Applicable Law
The accreditation of certification bodies according to Art. 39 of the data
Protection Act is based on the Act on Accreditation and
Notification as far as Regulation (EU) 2016/679 and this one
Regulation do not contain any deviating provisions.
Art. 7
Foreign certification bodies
1) The Liechtenstein accreditation body can authorize foreign certifiaccreditation bodies after hearing the data protection agency, if
they prove that they:
a) have a qualification equivalent to the Liechtenstein qualification
tion dispose;
b) meet the requirements of Regulation (EU) 2016/679; and
c) sufficient knowledge of the Liechtenstein data protection law
dispose.
2) The Liechtenstein accreditation body can grant recognition
time limits and attach conditions or requirements. She withdraws them
Recognition if the accreditation requirements are not or not
are no longer present or essential conditions and requirements are not met
become.
Art. 8
Confidentiality
Third parties involved in the proceedings by the authorities, in particular
Appraisers, and experts, have been given over to them as part of their
Activity came to knowledge of business or trade secrets breastfeeding
to keep silent. They are subject to this in the course of their work
Official secret.

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V. Transmission of personal data to third countries
or international organizations
Art. 9
Data transfer based on adequacy decisions
The third countries and international organizations that, due to the
Adequacy decisions of the EU Commission according to Art. 45 of Regulation (EU) 2016/679 an appropriate
Data protection level are listed in Appendix 1.
Art. 10
Data transfer based on standard data protection clauses
The standard data protection clauses adopted by the EU Commission
Art. 46 of Regulation (EU) 2016/679 are listed in Appendix 2
listed.

VI. fees
Art. 11
Chargeable activities
1) The data protection office can charge fees for the following activities
Requirement of Art. 12 collect:
a) for the treatment of an obviously unfounded or, in particular
in the case of frequent repetition, excessive request in the sense of
Art. 15 para. 5 of the Data Protection Act;
b) for the fulfillment of their duties towards data protection officers,
who perform their tasks on the basis of a service contract in
According to Art. 37 (6) of Regulation (EU) 2016/679, in particular
special if:
1. the result of the work of the data protection office by the data
protection officer in commercial form vis-à-vis the service
beneficiary is recycled; and
2. This means that the service is outsourced to the data protection office
takes place;
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c) for the fulfillment of their tasks towards consultants who work on a commercial basis
Provide services in the field of data protection if through the
Fulfillment of the tasks an outsourcing of the service to the data
protection point takes place.
2) Data protection officers and consultants have the data protection office on
Requests in the cases according to para. 1 let. b and c about commercial
To provide information on further utilization or provision of services or
Provide evidence.
3) Becomes a responsible person due to manifestly unfounded or
excessive requests within the meaning of Art. 59 Para. 3 of the Data Protection Act
active, he can charge a fee according to Art.
4) No fees are charged to public bodies.
Art. 12
Fee assessment
1) Fees according to Art. 11 are calculated according to the time spent.
2) The hourly rate is between
50 and 500 francs.
3) The data protection office informs the person liable to pay
commonly about the applicable hourly rate.
4) Administrative costs related to chargeable
Activities are charged separately, but together with
the fees charged. Administrative costs are in particular:
a) transmission and communication costs;
b) translation costs;
c) travel expenses;
d) costs for third parties involved;
e) Cash expenses.

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VII. Final provisions
Art. 13
Repeal of previous law
In their currently valid version, the following are repealed:
a) Ordinance of 9 July 2002 on the Data Protection Act (data protection
order; DSV), LGBl. 2002 No. 102;
b) Ordinance of 10 December 2013 on data protection certification
rungen (VDSZ), LGBl. 2013 No. 403.
Art. 14
Come into effect
This ordinance comes into force on January 1, 2019.

Princely Government:
signed Adrian Hasler
Princely Prime Minister

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Appendix 1 2
(Art. 9)

Third countries and international organizations with adequate
Level of data protection
Third countries and international organizations that, due to the
tenstein applicable adequacy decisions of the EU Commission
according to Art. 45 of Regulation (EU) 2016/679 an appropriate data
have a level of protection are:
1. Andorra;
2. Argentina;
3. Faroe Islands in accordance with Commission Decision 2010/146 / EU
of March 5, 2010 in accordance with Directive 95/46 / EC of the European
Parliament and the Council on the adequacy of the level of protection,
the Faroese law on processing of personal
Data (OJ L 58, 9.3.2010, p. 17);
4. Guernsey;
5. Isle of Man;
6. Israel in accordance with Commission Decision 2011/61 / EU of
January 31, 2011 in accordance with Directive 95/46 / EC of the European Parlaments and the Council on the adequacy of the level of data protection
in the State of Israel with regard to the automated processing of personal
related data (OJ L 27, 1.2.2011, p. 39) ;
6a. Japan in accordance with Implementing Decision (EU) 2019/419 of
Commission of January 23, 2019 according to Regulation (EU) 2016 /
679 of the European Parliament and of the Council on the
the level of data protection in Japan under the law on the
Protection of personal information (OJ L 76, 19.3.2019, p.
1) ;
7. Jersey;
8. Canada;
9. New Zealand;
10. Switzerland;

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11. Uruguay;
12. Repealed

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Appendix 2
(Art. 10)

Standard data protection clauses supported by the
EU Commission according to Art. 46 of Regulation (EU) 2016/679
were issued
As standard data protection clauses, which are approved by the EU Commission according to Art.
46 of Regulation (EU) 2016/679, contractual clauses apply
in accordance with:
1. of the Commission Decision 2001/497 / EC of June 15, 2001
visibly standard contractual clauses for the transmission of personal
Generic data in third countries according to Directive 95/46 / EC (OJ L 181
of 4 July 2001, p. 19) , as amended by Decision 2004/915 / EC
(OJ L 385 of 29.12.2004, p. 74) and the implementing decision
(EU) 2016/2297 (OJ L 344 of 17.12.2016, p. 100) ;
2. of Decision 2010/87 / EU of the Commission of February 5, 2010 on
Standard contractual clauses for the transmission of personal
Data to processors in third countries according to Directive 95/46 /
EC of the European Parliament and of the Council (OJ L 39,
February 12, 2010, p. 5), as amended by the Implementing Decision (EU)
2016/2297 (OJ L 344, 17.12.2016, p. 100) .

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1 Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27th
2016 for the protection of natural persons when processing personal
Data, the free movement of data and the repeal of Directive 95/46 / EC
( General Data Protection Regulation) (OJ L 119 of 4.5.2016, p. 1) .
2 Appendix 1 amended by LGBl. 2019 No. 282 and LGBl. 2020 No. 455.

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