On 29 August, the Hungarian Ministry of Justice published the draft Hungarian GDPR Implementation Act for public consultation purposes. The draft legislation seems to adopt a minimalist approach regarding the GDPR implementation, restricting the scope of material changes to the bare minimum necessary to comply with the requirements of the GDPR. The main provisions of the draft legislation can be summarized as follows:

  • it extends the provisions of the GDPR on to manual processing even if the personal data are not contained or intended to be contained in a filing system;
  • it does not provide any special provisions concerning data processing in the context of employment;
  • it maintains the currently applicable rules regarding the processing of health data, including the obligation to obtain written consent for such processing;
  • it grants to the deceased person's close relatives the to exercise of the right to erasure and to obtain restriction on of processing, upon request made within five years following the death;
  • it requires the data controller to review its data processing activities every three years if the law does not provide any time limits for retaining the data. In this case, the review must be documented and be presented to the Hungarian DPA upon its request;
  • extends the penalty provisions on to SMEs by removing  the exemption concerning small and middle sized undertakings, which to date may receive only a warning (rather than a fine) for their first non-compliance with the law;
  • it no longer requires local filing and/or approval requirements concerning data processed ing under the GDPR. However, the draft provides that the Hungarian register shall be archived and that the DPA may use the previous filing’s details in connection with investigations concerning data processing started before 25 May 2018.

Comments may be submitted to the Ministry of Justice until 8 September 2017. The relevant bill will be submitted to the Hungarian Parliament by October 2017 and is expected to be adopted by the end of the this year.