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MonacoJournal de Monaco

Monaco fixes adequacy list for personal-data transfers abroad

Arrêté n° 2026-548 lists the countries, territories and organisation deemed adequate under Law n° 1.565 article 97; transfers there rest on adequacy, others need safeguards or a derogation.

By Taxxa AI OyPublished 16 October 2026

Legal & Corporate

Industry: Across industries

Controllers and processors in Monaco sending personal data abroad now have a fixed reference for the adequacy test. Arrêté Ministériel n° 2026-548 du 30 septembre 2026 sets the list of countries, territories and international organisations whose legislation or regulations are deemed to ensure the adequate level of protection referred to in the first paragraph of article 97 of Law n° 1.565Gouv on the protection of personal data. A transfer to a listed destination satisfies the adequacy condition of the transfer chapterGouv; the controller and processor must still meet the chapter's other conditions, including for onward transfers from the recipient destination to another country, territory or organisationLegimonaco.

The list covers the European Union Member States — which the statute deems adequate in any event — alongside Andorra, Argentina, Brazil, Canada, Guernsey, the Isle of Man, the Faroe Islands, Iceland, Jersey, Liechtenstein, Norway, New Zealand, Switzerland, the United Kingdom and UruguayGouv. The Organisation Européenne des Brevets is the only international organisation listedGouv.

Two qualifications matter in practice. The footnote marked with an asterisk states that the adequacy assessment includes transfers of data in the framework of the cooperation provided for by Directive (UE) 2016/680. Canada's entry is narrower: the adequate level of protection is deemed guaranteed by the Loi canadienne sur la Protection des Renseignements Personnels et les Documents Électroniques (LPRPDE), as it applies to private-sector organisations in Canada that collect, use or disclose personal data in the course of commercial activitiesGouv.

For destinations with no adequacy finding, a transfer remains possible with an article 98 safeguard — an international commitment enforceable in Monaco, standard protection clauses previously approved by the Autorité de Protection des Données Personnelles, binding corporate rules approved by that authority or by a data-protection authority of a State ensuring an adequate level of protection, an approved certification mechanism, or membership of a code of conduct approved and published by the authority — or under an article 99 derogationLegimonaco. Those include the data subject's explicit consent given after being informed of the absence of protection and of the resulting risks, vital interests, important public-interest grounds, legal claims, consultation of a public register, contractual necessity, and, failing all else, a non-repetitive transfer touching a limited number of persons that is necessary for compelling legitimate interests pursued by the controller, with appropriate safeguards taken and the authority informedLegimonaco. Beyond articles 98 and 99, article 100 allows a transfer to a destination meeting neither test with the authorisation of the protection authority on the basis of particular protection measures or specific contractual clausesLegimonaco; the authority decides within two months of receiving the request, renewable once on a reasoned decision of its presidentLegimonaco, and silence at expiry counts as a refusalLegimonaco.

The list was adopted after the opinion of the Autorité de Protection des Données Personnelles (délibération n° 2026-7 of 20 May 2026) and the deliberation of the Conseil de Gouvernement of 23 September 2026. The statute requires the list to be adopted by ministerial order after the authority's opinion, regularly updated, and published in the Journal de Monaco and on the authority's website. The order was made at Monaco on 30 September 2026Gouv.

Legal basis: Arrêté Ministériel n° 2026-548 du 30 septembre 2026, articles 1 and 2; articles 96 to 101 of Law n° 1.565.

Check each cross-border transfer against the adequacy list, and for any destination not listed, put an article 98 safeguard or an article 99 derogation in place — or seek the protection authority’s authorisation under article 100.

Sources