03
Feb
2025
Legal overview
Criminal law
International and European law
Labour law
Intellectual property law
IT and communication law
Personal data
Public law
Compliance
2025
Legal overview
Criminal law — International and European law — Labour law — Intellectual property law — IT and communication law — Personal data — Public law — Compliance
Monthly Legal Overview (January 2025)
99 AVOCATS ASSOCIÉS is pleased to propose a selection of texts published in the Journal de Monaco and other publications (social, AML/CFT-P compliance, public, personal data protection, IP, AI, GRECO, INTERPOL).
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TEXTS PUBLISHED IN THE JOURNAL DE MONACO
SOCIAL
◾Traineeship in the professional environment
Ministerial Order no. 2025-28 of 16 January 2025 (JDM no. 8731 of 24 January 2025) applies Law no. 1.569 of 12 December 2024 on traineeship in teh professional environment: minimum information in the traineeship agreement, formalities, minimum amount of payment.
COMPLIANCE
◾AML/CFT-P: Reporting obligations (North Korea, Iran)
Ministerial Order no. 2025-4 of 16 January 2025 (JDM no. 8730 of 17 January 2025, and Erratum JDM no. 8731 of 24 January 2025) created a new article 1-1 to Ministerial Order no. 2021-703 in application of article 41 of Law no. 1.362 as amended: obligation to report transactions and facts concerning natural or legal persons domiciled, registered or established on the territory of the Democratic People's Republic of Korea and the Islamic Republic of Iran.
ECHR
◾Protocol No. 15 amending the Convention for the Protection of Human Rights and Fundamental Freedoms (enforceable)
Sovereign Order no. 11.043 of 22 January 2025 (JDM no. 8732 of 31 January 2025) renders Protocol No. 15 (margin of appreciation, subsidiarity, admissibility, rights of parties to a case, age limit) enforceable, in force as from 1 August 2021 with regard to all States parties to the ECHR.
PUBLIC
◾Status of civil servants (amendment to Sovereign Order no. 6.365)
Sovereign Order no. 11.002 of 19 December 2024 (JDM no. 8732 of 31 January 2025) amends Sovereign Order no. 6.365 implementing Law no. 975 on the status of civil servants (modernised at the end of 2022): insertion of the conditions and limits of the coverage by the State of costs incurred in the context of legal proceedings, of the terms and conditions for the gift of leave, family support leave and teleworking.
◾Status of contractual State employees (amendment to Sovereign Order no. 9.640)
Sovereign Order no. 11.050 of 22 January 2025 (JDM no. 8732 of 31 January 2025) amends Sovereign Order no. 9.640 of 23 December 2022 on general provisions of a statutory nature applicable to contractual agents of the State: recasting of the conditions of application of the gift of leave (beneficiary contractual agent or civil servant).
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OTHER PUBLICATIONS
COMPLIANCE
◾AML/CFT-P: New practical guide from the Monegasque Financial Security Authority (AMSF)
On 15 January 2025, the AMSF published its Practical Guide #4 - Internal AML/CFT procedures, updated to reflect the legal and regulatory requirements in force in Monaco on 1 January 2025.
INTELLECTUAL PROPERTY
◾New Website of the Monaco Industrial Property Office (MCIPO)
On 13 January, the Division de la Propriété Industrielle (DPI) of the Direction du Développement Économique (DDE) launched its new website, featuring new functionalities, practical guides and FAQs, with access to the MonGuichet.mc portal for online services.
◾Trademarks contrary to public policy or morality: Monaco adopts Common Practice CP14 of the European Union Intellectual Property Network (EUIPN)
The EUIPN and the MCIPO have jointly drawn up a Practice Paper on how to assess public policy and morality (Article 2, paragraph 1° of Law No. 1.058 on trademarks and service marks) in trademark applications, in accordance with the EUIPN's Common Practice CP14 and taking into account Monaco's specific features.
◾Website of the new Monegasque Data Protection Authority (APDP)
On 28 January, the APDP launched its website, structured into three main sections (APDP, Individuals, Professionals). It will be enriched with legal compliance tools (such as the model register of processing activities), as well as MOOCs (online training).
COUNCIL OF EUROPE
◾Data Protection (Privacy) Day (28 January)
Our publication is dedicated to the Council of Europe's Convention 108+, whose requirements are transcribed in the new Law no. 1.565 of 3 December 2024 on the protection of personal data, and its interaction with the European Union's GDPR.
◾Framework Convention on Artificial Intelligence
The Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law (which was open for signature on 5 September 2024) together with the European Union Regulation on Artificial Intelligence (AI Act) (whose provisions on AI systems at unacceptable risk have been applicable since 2 February) strengthens Europe's position in terms of responsible technological innovation.
◾Fight against corruption: implementation of the GRECO Recommendations (5th evaluation round • senior executive positions and law enforcement agencies)
The working meeting of the Monegasque authorities on 24 January was dedicated to examining the scope and missions of the Comité de pilotage de haut niveau (High-Level Steering Committee) and to adopting a scorecard for 2025 (measures and timetable for implementation).
INTERPOL
◾Silver Notice, in pilot phase
On 10 January, INTERPOL published the first Silver Notice, targeting the tracing and recovery of illicit assets, as part of the pilot phase involving 52 countries.
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Other publications