07
Jan
2025
Legal overview
Banking and financial law
Companies and taxation
Criminal law
International and European law
Property and construction law
Insurance law
Labour law
Personal data
Public law
Family Office
Compliance
2025
Legal overview
Banking and financial law — Companies and taxation — Criminal law — International and European law — Property and construction law — Insurance law — Labour law — Personal data — Public law — Family Office — Compliance
Legislative Overview 2024
99 AVOCATS ASSOCIÉS is pleased to present a retrospective of the 11 laws published (excluding budget laws) in Monaco in 2024:
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PERSONAL DATA
◾Law no. 1.565 of 3 December 2024 on the protection of personal data
Law no. 1.565 (JDM no. 8725 of 13 December 2024), which was awaited by the private sector players, transcribed the new requirements of the Council of Europe's Convention 108+, and was aligned with the standards of the European Union's ‘data protection package’ (Regulation (EU) 2016/679 ‘GDPR’ and Directive (EU) 2016/680 ‘Police Justice’) in order to obtain an adequacy decision from the European Commission, which would facilitate data transfers to Monaco.
◾Law no. 1.566 of 3 December 2024 approving the ratification of the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108+)
At the same time, Law no. 1.566 (JDM no. 8725 of 13 December 2024) enables Monaco to accede to the Council of Europe's Convention 108+, which has been modernised in line with the GDPR. Conversely, when assessing whether a non-EU country such as Monaco offers an adequate level of data protection essentially equivalent to that of the EU, the GDPR takes account of its accession to the Convention (Recital 105 GDPR).
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MONEYVAL
◾Law no. 1.559 of 29 February 2024 adapting legislative provisions to combat money laundering, the financing of terrorism and the proliferation of weapons of mass destruction (Part IV)
On the one hand, Law no. 1.559 (JDM no. 8684 of 1 March 2024) strengthened the compliance of previously published legislative provisions (Parts I to III) with the recommendations of the MONEYVAL Committee arising from Monaco's 5th Mutual Evaluation Report, published on 23 January 2023 (further amendment of Laws no. 1.362 - general preventive measures, no. 721 - RCI, no. 797 - civil/non-trading companies, no. 1.355 - associations and federations of associations, no. 56 - foundations). In addition, it added new provisions in response to international recommendations on aspects that could not be covered by Parts I to III ( Law no. 214 - trusts, cooperation of tax officials with the judicial authorities, adaptation of criminal provisions).
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PROPERTY
◾Law no. 1.560 of 2 July 2024 on the regulation of property dealers
Law no. 1.560 (JDM no. 8705 of 26 July 2024) autonomously regulates the activity of property dealers (declaration or administrative authorisation, financial guarantee, civil liability insurance, new system of half exemption from registration duties, etc.).
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CREDIT & INSURANCE
◾Law no. 1.561 of 2 July 2024 on the right to be forgotten and other measures to facilitate access to credit
Law no. 1.561 (JDM no. 8705 of 26 July 2024) enshrined a right to be forgotten, making it possible not to declare an old pathology, and facilitates access to insurance and credit for people with an aggravated health risk, based on the standards of the French AERAS Convention.
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SOCIAL
◾Law no. 1.569 of 12 December 2024 on traineeship in the professional environment
Traineeships for which a traineeship agreement is concluded after 21 December 2024 are now governed by Law no. 1.569 (JDM no. 8726 of 20 December 2024): conditions of validity, authorisation procedure, performance of the traineeship, and penal provisions.
◾Law no. 1.558 of 29 February 2024 instituting maternity leave for self-employed workers
Law no. 1.558 (JDM no. 8684 of 1 March 2024) introduces maternity leave for members of CAMTI ("Caisse d'assurance maladie des travailleurs indépendants"), the duration of which is set at at least 18 weeks.
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PUBLIC HEALTH
◾Law no. 1.562 of 2 July 2024 on subsidiary medical cover
Law no. 1.562 (JDM no. 8705 of 26 July 2024) institutes a basic, fee-paying medical cover, offered by the State to Monegasques and residents in the Principality for at least 5 years, aimed at making up for the refusal of private sector cover and ineligibility for "State medical aid".
◾Law no. 1.567 of 12 December 2024 on the management of risks associated with healthcare
Law no. 1.567 (JDM no. 8726 of 20 December 2024) governs the management of risks associated with healthcare by healthcare establishments, medico-social establishments, and healthcare professionals practising outside these establishments. It is based on the provisions of the French Public Health Code, and is linked to Law no. 1.541 of 16 December 2022 on nosocomial infections.
◾Law no. 1.568 of 12 December 2024 establishing the powers of medical public health inspectors
Law no. 1.568 (JDM no. 8726 of 20 December 2024) remedies the shortcomings of the pre-existing system, which did not define the resources available to medical public health inspectors to carry out their duties, by providing a comprehensive overview of the conditions under which they operate.
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JUSTICE
◾Law no. 1564 of 21 October 2024 amending Law no. 1.398 of 24 June 2013 on the administration and organisation of justice
Law no. 1564 (JDM no. 8720 of 8 November 2024) resulting from Bill no. 1097 passed on 17 October 2024, legally enshrines the principle of setting the tariff of bailiffs' fees by Sovereign Order on the report of the Director of Judicial Services (abolition of the revision of the tariff by publication of a Law and then a Sovereign Order, in favour of an exclusively regulatory route).
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Other publications