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Editorial

Amendments to the Personal Data Protection Act

On 28 March 2008 Croatian Parliament enacted Amendments to the Personal Data Protection Act ("Amendments").

On 28 March 2008 Croatian Parliament enacted Amendments to the Personal Data Protection Act ("Amendments").


The legislative policy behind the Amendments was to further harmonize the Croatian laws with relevant EU regulations, and in particular Directive 95/46/EC and related regulations.

The implementation of the currently applicable 2003 Personal Data Protection Act revealed certain deficiencies, dominantly related to lack of specific rules on data protection officer, processing and transfer of personal data for purposes of contract performance, derogations from general obligation to register personal data filing systems with the Central register. Accordingly, t novelties introduced under Amendments in relation to the former regime include:

  • Determination of "data subject" as a person who can be identified, inter alia, by a reference to an identification number;
  • Rules on the data protection officer as a person appointed by the controller and responsible for ensuring the lawfullness of data processing and due exercise of rights related to data processing;
  • Additional grounds for processing of personal data, including performance of a contract to which data subject is a party;
  • Additional grounds for data transfer to third countries which do not ensure an adequate level of protection;
  • Exceptions from the general obligation to register personal data filing systems with the Central register.

The implementation of the Amendments is expected to ensure to a greater degree that the rights and freedoms of data subjects are unlikely to be adversely affected by the data processing operations.

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