Data serving as basis for notification obligation, and data related to the notification

Legal basis for data processing: abiding by legal obligations

The purpose of data processing:
Meeting the obligations set out in the Laws regarding customer due diligence and notification.

The term of Data processing and the deadline for deleting data

8 years calculated from the termination of the business relation, maximum 10 years in the cases set out in § 58 of the MLTF.

The recipient of the data, access to data, Transfer and security measures used

Personal data may be processed by the CEO and Board member of the Controller, the person appointed pursuant to the Laws, the appointed manager, and the person carrying out the customer due diligence by observing the principles above.

Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the Controller (and if relevant the Processor) shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:

a) the pseudonymisation and encryption of Personal data;

b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;

c) the ability to restore the availability and access to Personal data in a timely manner in the event of a physical or technical incident;

d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

Data processing rights of Data subjects

a) Right of access: The Data subject shall have the right to obtain from the Controller confirmation as to whether or not Personal data concerning him or her are being processed, and, where that is the case, access to the Personal data and the information set out in the regulation;

b) Right to rectification: The Data subject shall have the right to obtain from the Controller without undue delay the rectification of inaccurate Personal data concerning him or her. Taking into account the purposes of the processing, the Data subject shall have the right to have incomplete Personal data completed, including by means of providing a supplementary statement;

c) Right to erasure: The Data subject shall have the right to obtain from the Controller the erasure of Personal data concerning him or her without undue delay and the Controller shall have the obligation to erase Personal data without undue delay where certain conditions apply;

d) Right to be forgotten: Where the Controller has made the Personal data public and is obliged to erase the Personal data, the Controller, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform controllers which are processing the Personal data that the Data subject has requested the erasure by such controllers of any links to, or copy or replication of, those Personal data;

e) Right to restriction of processing: The Data subject shall have the right to obtain from the Controller restriction of processing where one of the following applies:

• the accuracy of the Personal data is contested by the Data subject, for a period enabling the Controller to verify the accuracy of the Personal data;
• the processing is unlawful and the Data subject opposes the erasure of the Personal data and requests the restriction of their use instead;
• the Controller no longer needs the Personal data for the purposes of the processing, but they are required by the Data subject for the establishment, exercise or defence of legal claims;
• the Data subject has objected to processing, pending the verification whether the legitimate grounds of the Controller override those of the Data subject;

f) Right to data portability: The Data subject shall have the right to receive the Personal data concerning him or her, which he or she has provided to a Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another Controller without hindrance from the Controller to which the Personal data have been provided;

g) Right to object: The Data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to processing of Personal data concerning him or her, including profiling based on the provisions mentioned;

h) Objecting in the case of direct marketing: Where Personal data are processed for direct marketing purposes, the Data subject shall have the right to object at any time to processing of Personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing. Where the Data subject objects to processing for direct marketing purposes, the Personal data shall no longer be processed for such purposes;

i) Automated individual decision-making, including profiling: The Data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her;
The above shall not apply if the decision:

• is necessary for entering into, or performance of, a contract between the Data subject and the Controller;
• is authorised by Union or Member State law to which the Controller is subject and which also lays down suitable measures to safeguard the Data subject's rights and freedoms and legitimate interests; or
• is based on the Data subject's explicit consent.

Deadline for taking measures

The Controller shall provide information on action taken on the requests above to the Data subject without undue delay and in any event within one month of receipt of the request.

That period may be extended by two further months where necessary. The Controller shall inform the Data subject of any such extension within one month of receipt of the request, together with the reasons for the delay.

If the Controller does not take action on the request of the Data subject, the Controller shall inform the Data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.

Communication of a Personal data breach to the Data subject

When the Personal data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Controller shall communicate the Personal data breach to the Data subject without undue delay.

The communication to the Data subject shall describe in clear and plain language the nature of the Personal data breach and contain the name and contact details of the contact point where more information can be obtained, describe the likely consequences of the Personal data breach, describe the measures taken or proposed to be taken by the Controller to address the Personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

The communication to the Data subject shall not be required if any of the following conditions are met:

a) the Controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the Personal data affected by the Personal data breach, in particular those that render the Personal data unintelligible to any person who is not authorised to access it, such as encryption;

b) the Controller has taken subsequent measures which ensure that the high risk to the rights and freedoms of Data subjects is no longer likely to materialise;

c) it would involve disproportionate effort. In such a case, there shall instead be a public communication or similar measure whereby the Data subjects are informed in an equally effective manner.

If the Controller has not already communicated the Personal data breach to the Data subject, the supervisory authority, having considered the likelihood of the Personal data breach resulting in a high risk, may require it to do so.

Notification of a Personal data breach to the supervisory authority

In the case of a Personal data breach, the Controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the Personal data breach to the supervisory authority competent, unless the Personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.

Seeking legal enforcement by Data subjects

In the case of any eventual breach by the Controller, a complaint may be lodged at the Hungarian National Authority for Data Protection and Freedom of Information:

Hungarian National Authority for Data Protection and Freedom of Information
1125 Budapest, Szilágyi Erzsébet fasor 22/C.
Postal address: 1530 Budapest, Postafiók: 5.
Telephone: +36 -1-391-1400
Fax: +36-1-391-1410
E-mail: ugyfelszolgalat@naih.hu

The Data subject may bring any infringement of his/her rights to the attention of the judicial authorities and engage in legal proceedings.

Relevant internal policies:

• Data protection and processing policy (accessible at: www.bgalapkezelo.hu)

Relevant laws:

• Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of Personal data and on the free movement of such data, and repealing Directive 95/46/EC;
• Act CXII of 2011 on the right to self-determination as regards information and freedom of information;
• Act CVIII of 2001 on certain issues of electronic commerce activities and information society services;
• Act XLVII of 2008 on the prohibition of unfair commercial practices against consumers;
• Act XLVIII of 2008 on essential conditions of and certain limitations to business advertising activity;
• Act XC of 2005 on the freedom of electronic information;
• Act C of 2003 on electronic communications;
• Opinion 16/2011 on EASA/IAB Best Practice Recommendation on Online Behavioural Advertising;
• Recommendation of the Hungarian National Authority for Data Protection and Freedom of Information on the data protection requirements of prior notification.