Council of Europe. Comprehensive data protection. Treaty (Amending Protocol, CETS No. 223)

Convention 108+Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108+)

Enacted – not yet in force

§1Summary

Synopsis

Modernises Convention 108 to bring it broadly into line with the GDPR. It adds proportionality and lawful-basis requirements, breach notification, wider data subject rights (including rights on automated decisions), transparency, privacy by design and accountability. The Convention Committee also gets stronger powers to evaluate parties.

Key themes
  • lawful basis
  • accountability
  • breach notification
  • automated decisions
  • privacy by design
  • transborder flows
  • follow-up mechanism
Unique features

It is a global, treaty-based near-equivalent of the GDPR that non-European states can join. The GDPR (Recital 105) names accession to it as a factor in adequacy decisions.

SaaS relevance

Once in force, its parties will need to legislate breach notification and accountability duties that will apply to SaaS providers in those states.

§2Obligations

Breach notification
Supervisory authority without delay for serious breaches (Art 7(2))
DPO
No
Cross-border transfers
Free flow between parties; appropriate safeguards for non-parties
Maximum penalty
Set by national law

§3Dates

Key dates
  • Adopted
  • Adopted by the Committee of Ministers 2018-05-18; opened 2018-10-10. Enters into force once all Convention 108 parties ratify, or, failing that, on or after 2023-10-11 once 38 parties have ratified. 34 ratifications and 46 signatures as of the T-PD Bureau of 16–17 Sept 2026 (Moldova was the 34th, 2026-05-15).

§4Text and authority

Text
Authority
Convention Committee (T-PD); national supervisory authorities

§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
Verification

High confidence.

Not in force as of Oct 2026 (34 of 38 required ratifications). The text_url document ID was not re-checked this session.