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Details of Treaty No.223
|Title||Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data|
|Opening of the treaty||Strasbourg, 10/10/2018 - Treaty open for signature by the Contracting States to Treaty ETS 108|
|Entry into Force||- Ratification by all Parties to Treaty ETS 108, or on 11 October 2023 if there are 38 Parties to the Protocol at this date.|
The aim of the Protocol of amendment is to modernise and improve the Convention (ETS No. 108), taking into account the new challenges to the protection of individuals with regard to the processing of personal data which have emerged since the Convention was adopted in 1980.
The modernisation of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, the only existing legally binding international treaty with global relevance in this field, addresses the challenges to privacy resulting from the use of new information and communication technologies, and strengthens the convention’s mechanism to ensure its effective implementation.
The Protocol provides a robust and flexible multilateral legal framework to facilitate the flow of data across borders while providing effective safeguards when personal data are being used. It constitutes a bridge between different regions of the world and different normative frameworks, including the new European Union´s legislation that will become fully applicable on 25 May 2018 and which refers to Convention 108 in the context of transborder data flows.
Some of the innovations contained in the Protocol are the following:
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