Council of Europe. Data localisation / cross-border. Treaty (Protocol)

Protocol 181Additional Protocol to Convention 108 regarding supervisory authorities and transborder data flows

In force

Partly verified

Medium confidence. I could not fetch the treaty office status page; the dates come from established references.

§1Summary

Synopsis

Requires parties to set up independent supervisory authorities with powers of investigation and intervention. It also restricts transfers to non-parties unless the recipient ensures an adequate level of protection or safeguards such as contractual clauses are in place.

Key themes

independent supervisory authority
adequacy
transborder data flows

Unique features

It brought the adequacy and independent-DPA concepts of Directive 95/46 into the Council of Europe framework.

SaaS relevance

It shapes the transfer rules of non-EU parties that a SaaS provider may need to meet.

§2Obligations

Breach notification: None
DPO: No
Cross-border transfers: Adequacy or ad hoc/approved safeguards for non-parties
Maximum penalty: Set by national law

§3Dates

Key dates

Adopted 8 November 2001
In force 1 July 2004
ETS No. 181; opened 2001-11-08; in force 2004-07-01; to be absorbed by Convention 108+

§4Text and authority

Text

Authoritative text rm.coe.int

Authority

National supervisory authorities; T-PD

§5Where it applies

Members of the body

Membership-based — check ratification status. Membership of Council of Europe does not mean a state has signed or ratified this instrument.

§6Sources and verification

Sources consulted

coe.int

Verification

Medium confidence.

Partly verified

Medium confidence. I could not fetch the treaty office status page; the dates come from established references.