Law on Personal Data Protection

The Law on Personal Data Protection in Georgia ensures the protection of fundamental human rights and freedoms during the processing of personal data of individuals, including the rights to privacy of personal and family life, personal space, and communication. In the modern digital era, when personal data is rapidly transmitted both within the country and across borders, the protection of such data is particularly important. The Law on Personal Data Protection of Georgia establishes standards that must be followed by both private companies and state agencies when processing personal information.

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What is Personal Data Protection?

  • Personal Data and Confidential Information

    The Law on Personal Data Protection of Georgia defines personal data as any information related to an identified or identifiable individual. This may include name, personal identification number, address, email, phone number, and more.
    The definition of personal data includes special categories of personal data, such as:

    • Racial or ethnic origin
    • Political views
    • Religious, philosophical, or other beliefs
    • Trade union membership
    • Health condition
    • Sexual life
    • Status as accused, convicted, acquitted, or victim
    • Conviction, criminal record, diversion, imprisonment
    • Biometric and genetic data

     

    What is confidential information? This is data that requires special protection and, as a rule, the explicit consent of the data subject.

  • Rights of the Data Subject

    The Law on Personal Data Protection establishes the following rights of the data subject:

    • Right to receive information about data processing
    • Right to access data and receive copies
    • Right to correction, update, or completion of data
    • Right to stop processing, deletion, or destruction of data
    • Right to block data
    • Right to data portability
    • Right to withdraw consent
    • Right to appeal

Protect your privacy! Reach out for legal advice on data protection.

Key Provisions of the Law

Data Processing Principles

The Law on Personal Data Protection establishes the following principles for data processing:

  • Lawfulness and fairness – data must be processed lawfully, fairly, transparently for the data subject, and without violating their dignity.
  • Purpose limitation – data must be processed only for specific, clearly defined legitimate purposes. Further processing of data for purposes incompatible with the original purpose is not permitted.
  • Data minimization – only data necessary to achieve the purpose should be processed. The processed data must be proportionate to the purpose.
  • Storage limitation – data should be stored only for the period necessary to achieve the legitimate purpose of data processing. After achieving this purpose, the data must be deleted, destroyed, or stored in a depersonalized form.
  • Security – technical and organizational measures must be taken to ensure adequate protection of data during processing.

Legal Grounds for Data Processing

The Law on Personal Data Protection establishes the following legal grounds for permissible data processing:

  • Consent of the data subject
  • Conclusion or performance of a contract
  • Provision of services to the data subject
  • Fulfillment of obligations established by law
  • Protection of vital interests of the data subject
  • Protection of important public interests
  • Protection of significant legitimate interests of the data processor or third parties
  • Public availability of data
  • Other cases provided by law

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How the Law Affects Businesses and Organizations

Business Obligations

The Law on Personal Data Protection gives rise to the following obligations for persons/entities responsible for or authorized to process data:

  • Development and implementation of policies and procedures for data security protection

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  • Implementation of organizational and technical measures for data security protection

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  • Raising employee awareness on data protection issues

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  • Notification of data breaches

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  • Appointment of a data protection officer (in certain cases)

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  • Data protection impact assessment (in certain cases)

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International Data Transfer

The Law on Personal Data Protection regulates the transfer of data abroad. Data transfer is permitted only to countries or international organizations that provide adequate guarantees for data protection and the rights of data subjects, and only in cases where the requirements for data processing provided by law are met. In addition, the transfer of data to other states and international organizations is permitted in cases directly established by Georgian legislation.

Protect your privacy! Reach out for legal advice on data protection.

Sanctions for Violation of the Law

The Georgian Law on Personal Data Protection provides for sanctions for violations of the requirements and rules established by law, including:

  • Mining2

    Administrative liability

  • Group 199 (4) (3)

    Financial penalties

  • Security services

    Restriction or suspension of data processing

How MB Legal Can Help You with Data Protection and Confidentiality Issues

MB Legal specializes in the field of personal data protection and offers the following services:

  • Consultation on Current Regulations

    Consultation on Current Regulations

    Our experienced lawyers will provide consultation on the Georgian Law on Personal Data Protection and related regulations. We will help you understand what obligations you have and how to ensure your business activities comply with the legislation.

  • Preparation of Internal Policies and Documentation

    Preparation of Internal Policies and Documentation

    MB Legal will help you develop internal policies and procedures that are necessary for compliance with the Law on Personal Data Protection, including:

    • Personal data confidentiality policy
    • Personal data protection policy
    • Consent forms for personal data processing
    • Analysis of contracts related to data processing
  • Personal Data Protection in Contractual Relationships

    Personal Data Protection in Contractual Relationships

    Our lawyers will help you consider and properly reflect personal data protection issues in contracts. We ensure that your interests are protected and that the contracts you conclude comply with the requirements of the legislation.

  • Representation Before Competent Authorities

    Representation Before Competent Authorities

    If your business becomes the subject of an inspection by the Data Protection Service or other competent authority, MB Legal will provide representation services before the relevant authorities and protect your interests.

  • Court Disputes on Data Protection Issues

    Court Disputes on Data Protection Issues

    Our experienced advocates will help you in court disputes related to data protection. The MB Legal team has relevant court experience in protecting the rights and interests of data subjects and organizations.

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Please get in touch for all inquiries!

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