Data protection and cybersecurity laws in Slovenia

Data protection

1. Local data protection laws and scope

  • The Personal Data Protection Act (“ZVOP-1”) is an act that became applicable prior to the EU General Data Protection Regulation (“EU GDPR”) and considering Slovenia has not yet adopted a new act which would supplement the EU GDPR, provisions which are not regulated by the EU GDPR and which do not conflict with it still apply.
  • The Information Commissioner Act (“ZInfP”) sets the competences and powers of the Information Commissioner.
  • The Electronic Communications Act (“ZEKom-1”) sets the requirements for electronic communications networks and services, including cookies and direct marketing by electronic means. ZEKom-1 implemented the EU Privacy and Electronic Communications Directive (e-Privacy Directive) in Slovenia. 

2. Data protection authority

Information Commissioner of the Republic of Slovenia: https://www.ip-rs.si/en/

3. Anticipated changes to local laws

Supplementing the EU GDPR

Expected adoption of the new Personal Data Protection Act (“ZVOP-2”), which would ensure the implementation of the EU GDPR.

ePrivacy

The new EU ePrivacy Regulation is set to replace the ePrivacy Directive in relation to the privacy of electronic communications. In effect, this will replace local EU Member State ePrivacy laws.

4. Sanctions & non-compliance

Administrative sanctions:

Until ZVOP-2, which would ensure the implementation of the EU GDPR, is adopted, the Information Commissioner does not have legal ground for imposing administrative fines under the EU GDPR, but only fines under the ZVOP-1, which are not contrary to the EU GDPR.  

Fines under ZVOP-1 amount up to EUR 12,500.

Criminal sanctions:

In the event of a criminal offence of misuse of personal data, a fine or imprisonment from one to five years may be imposed.

Others: 

The Information Commissioner also has the powers under the Inspections Act.  

A data subject may (in addition to making a complaint to the Information Commissioner) also make a claim to the courts for compensation for material or non-material damage (which may include distress). 

5. Registration / notification / authorisation

N/A

6. Main obligations and processing requirements

Watch out for specifics regarding video surveillance, biometrics and employment.

7. Data subject rights

There are no substantive derogations from the EU GDPR.

8. Processing by third parties

Since the ZVOP-1 provisions on security of data still apply, the data procession agreement must lay down data processing activities and appropriate technical and organisational security measures to protect personal data; a mere reference to proper handling of personal data and compliance with the provisions of data protection legislation does not suffice.

9. Transfers out of country

There are no substantive derogations from the EU GDPR.

10. Data Protection Officer

There are no substantive derogations from the EU GDPR.

11. Security

There are no substantive derogations from the EU GDPR, however some provisions of the ZVOP-1 still apply. For example, data controllers must adopt a general act that provides procedures and measures for the protection of personal data and determine the persons responsible for certain personal databases and persons who, due to the nature of their work, may process certain personal data. 

12. Breach notification

There are no substantive derogations from the EU GDPR.

13. Direct marketing

If by email: ZEKom-1 prohibits the use of email addresses for direct marketing purposes without the customer’s prior consent, unless:

  • the customer purchased a product or service from the person proposing to undertake the marketing;
  • the direct marketing relates to an offering of the person proposing to undertake the marketing their own similar goods or services; and
  • the customer was given a clear and explicit possibility to opt out of the use of its email address for direct marketing purposes free of charge and in a simple manner, both when their details were collected and in each subsequent marketing communication.

If by regular mail: for the purpose of direct marketing the company may use only the following data collected from the publicly available sources or in the context of the lawful pursuit of company’s activity: personal name, address of residence and phone/fax number. For any other data the company must obtain prior consent. Opt-out option must be provided to an individual by the company when performing direct marketing.

14. Cookies and adtech

Cookies and similar technologies are covered by ZEKom-1. The basic rule is that organisations must: 

  • clearly and comprehensively inform the user in advance about the data controller and the purpose of data processing in line with data protection rules;
  • get the user’s prior consent, unless the cookie is:
    • used for the sole purpose of carrying out the transmission of a communication over an electronic communications network; or
    • strictly necessary for the provision of a service explicitly request by the user.

Duration of cookies should also be specified. 

Cookies consent under ZEKom-1 means consent to the same standard as is required under the EU GDPR.

These rules will apply to adtech and online marketing that is cookies-based (whether or not personal data is used). Where personal data is processed, the requirements of the EU GDPR will also need to be complied with.

The Information Commissioner has published FAQs on the use of cookies and similar technologies.

15. Risk scale

Severe.

Cybersecurity

1. Local cybersecurity laws and scope

The key cybersecurity laws that apply in Slovenia are: 

2. Anticipated changes to local laws

There is a proposal before the European Commission to update the NISD. Once the proposal is agreed and then adopted, the EU Member States will have 18 months to transpose the updated Directive into their domestic legislation.

3. Application 

ZInfV 
  • The NISD was implemented in Slovenia by the ZInfV. ZInfV applies to operators of essential services (OES), digital service providers (DSP), and certain state administration bodies. 
  • OES are organisations that meet certain threshold requirements and operate within the following sectors: energy, digital infrastructure, drinking water supply and distribution, health sector, transport, banking, financial markets infrastructure, food supply, environmental protection). 
  • DSP are legal entities or natural persons that provide digital services. Digital services are online marketplace, search engine and cloud computing services. 
  • ZInfV regulates, inter alia, the security of networks and information systems and measurements for achieving a high level of security of network and information systems, minimum safety requirements and requirements for reporting of incidents and operating of authorities for information security and security incidents. 
ZEKom-1
  • The ePrivacy Directive was implemented in Slovenia by ZEkom-1, and has been amended several times;
  • ZEKom-1 regulates, inter alia, electronic communications networks and services, construction of electronic communications networks, security of networks and services and their operation in emergency situations, protection of the privacy of communications right, etc. 
ZEPT 
  • regulates electronic commerce and defines the liability of service providers and hosts for the information transmitted/stored.
ZEPEP

ZEPEP regulates, inter alia, electronic business, including business in an e-form by using information and communications technology and use of electronic signatures in transactions.

4. Authority

5. Key obligations 

ZEKom-1:
  • Operators must establish a security plan to manage risk around the security of networks and services and to prevent and minimise the impact of security incidents.
  • Operators must notify the Agency for Communication Networks and Services of the Republic of Slovenia of breaches of security or integrity of networks.
ZEPEP:
  • Safety requirements must be considered in internal rules.
  • Use of reliable systems and equipment, ensuring technical and cryptographic security of procedures.   
ZInfV:
  • Requirement to appoint a contact person for information security and its deputy.
  • Risk management on security of network and information system should be performed.
  • Establishment and maintenance of management system regarding security of information.
  • Reporting of incidents.

6. Sanctions & non-compliance 

Administrative sanctions:
  • ZInfV: fine up to EUR 50,000
  • ZEKom-1: fine up to EUR 400,000
  • ZEPT: fine up to EUR 50,000
  • ZEPEP: fine up to EUR 20,000  

It is possible to be fined under both the above regulations and the GDPR/ZVOP-1 for the same incident, provided there are distinct bases for doing so (ie there is a breach of data protection law and a separate breach of the information security regulations).

Criminal sanctions:
  • imprisonment up to 15 years
Others: 
  • Compensation claims in case of damages. 
  • See “Data Protection” section above.

7. Is there a national computer emergency response team (CERT) or computer security incident response team (CSIRT)? 

SI-CERT (Slovenian Computer Emergency Response Team) provides a role of the national CSIRT. SI-CERT is a service of ARNES (Academic and Research Network of Slovenia).

SI-CERT provides the following activities:

  • coordination of resolving of cyber incidents;
  • technical advice on attacks, viruses and other misuse;
  • issuing of alerts for network managers and general public on current threads in electronic networks. 

SIGOV-CERT (a body within the Ministry of Public Administration) is a response centre for information security incidents in information systems of the state administration.

8. National cybersecurity incident management structure

Cybersecurity incidents may be reported to SI-CERT. Cybersecurity incidents within the information systems of the state administration may be reported to SIGOV-CERT.

9. Other cybersecurity initiatives 

SI-CERT has been implementing awareness-raising and educational program on internet safety “Safe on the internet”: https://www.varninainternetu.si/ (web-page only in Slovenian).

SAFE:SI is a national internet point for raising awareness for children and teenagers on the safe use of internet and mobile devices (https://safe.si/english).

Portrait ofAmela Žrt
Amela Žrt
Partner
Ljubljana
Portrait ofIrena Šik Bukovnik
Irena Šik Bukovnik
Counsel
Ljubljana