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GDPR Implementation in Liechtenstein: Key Aspects

Balancing Freedom of Expression with GDPR Provisions

In Liechtenstein, national law strikes a balance between the provisions of the General Data Protection Regulation (GDPR) and the right to freedom of expression and information. This is achieved through specific conditions that allow for the processing of personal data in the editorial section of periodically appearing media.

  • Condition 1: Processing of personal data is allowed if it is necessary for publication purposes.
  • Condition 2: The publication must not be used to harm or discriminate against individuals.

Derogations Regarding Academic, Artistic or Literary Expression

National law in Liechtenstein has introduced derogations concerning the processing of personal data for academic, artistic, or literary expression. Personal data may be processed if:

  • Not processing it could jeopardize freedom of expression and information.
  • The individual’s rights are not substantially impaired.

Conditions for Processing National Identification Numbers

The law in Liechtenstein stipulates specific conditions for the processing of national identification numbers. These include:

  • Condition 1: Processing is only allowed for purposes related to social security, taxation, or public health.
  • Condition 2: The data must be obtained directly from the individual or through a legitimate source.

Processing Personal Data in the Employment Context

Employers in Liechtenstein may process employees’ personal data:

  • For making decisions on employment relationships
  • To perform or terminate employment contracts
  • To comply with applicable laws and regulations

However, national law does not provide specific safeguards for employees’ dignity and legitimate interests.

Material Derogations from the GDPR

There are no material derogations from the GDPR under national law in Liechtenstein. The country’s implementation of the regulation is largely consistent with EU requirements.

Currently, there are no ongoing legal challenges to the validity or operation of the national GDPR implementation law in Liechtenstein.

Enforcement Action and Regulatory Guidance

The Data Protection Authority (DPA) has yet to take enforcement action for breaches of the GDPR. However, the DPA has issued general guidance on the GDPR and various templates related to its application.