Hungary introduces new surveillance and encryption regulations over online communication
Hungary's amended E-Commerce Act includes new surveillance and encryption regulations. The
amendments introduce intrusive surveillance rights over online communication with an unusually
broad and extraterritorial jurisdictional reach. The legislation applies to companies making available to
Hungarian private and business users any online or other electronic communication channels,
regardless of whether such company is domiciled in Hungary.
The legislation specifies metadata categories, which companies providing online communication
services must retain. Such metadata must be retained for one year and be disclosed in response to
targeted data / surveillance requests from Hungarian authorities. Online communications
companies whose service is deemed non end-to-end encrypted for purposes of the new legislation
can be requested to monitor specific users' full text, audio or video communications content and to
disclose it to the authorities.
Companies failing to follow the new rules face a new regulatory enforcement procedure in which the
National Media and Infocommunications Authority may impose a fine of up to HUF 10 million.
For more information, please contact Ines K. Radmilovic or Jozsef Antal.