From 1 July 2013, technical data processing activities may be subcontracted with the prior written agreement of the data processor.

The concept of ‘technical data processing’ was introduced by the Data Protection Act (not by EU law). In essence, it means the technical operations involved in data processing, performed on behalf of and on the instructions of a data controller, irrespective of its location, how it is carried out or what instruments are used.

Data processors in all industries should now revise their data processing agreements (such as IT support, outsourcing, marketing) to allow a ‘technical data processor’ to be engaged. 

The change will no doubt be welcomed by the Hungarian Authority for Data Protection and Freedom of Information, which had criticised the previous ban even though no cases ever came to public attention in which it was challenged or sanctioned.

Laws: Data Protection Act (Act CXII of 2011 on the Right of Self-Determination in Respect of Information and the Freedom of Information)