Online privacy in Montenegro
There is no specific law or regulation explicitly governing online privacy, including cookies. Accordingly, the general data protection rules, as introduced by the DP Law, are applicable to online privacy, to the extent personal data is processed.
On the other hand, the EC Law, as defined in Breach notification, introduces relevant rules that are mandatory for the operators under this law. For example, a public electronic communication services' user is particularly entitled to the protection of their electronic communications' secrecy in compliance with the DP Law.
Further, the EC Law imposes explicit rules on traffic data and location data. Under these rules, operators are:
- Required to retain certain traffic data and location data for certain purposes explicitly set out by the law (for example, for the detection and criminal prosecution of criminal offenders), whereas the retention period should last at least six months and would not be longer than two years ('Retention Obligation'), keeping in mind that this obligation does not apply to data which reveals a content of electronic communications.
- Regarding traffic data related to subscribers / users which is not subject to the Retention Obligation, an operator is required to delete this data if it is no longer needed for the communication's transmission or can keep it, but only if it modifies the respective data in a way that it cannot be linked to a particular person. Apart from this, it is also prescribed that:
- If the traffic data's retention purpose is to use it for the calculation of the costs of the relevant services / interconnection, it can be retained for as long as claims regarding the respective costs can legally be requested, but under condition that an user is informed on its processing's purpose and duration; and that
- If the traffic data's processing purpose is to promote and sell electronic communication services or to provide value added services, such processing is allowed, but only with the data subjects' prior consent (which can be withdrawn at any time).
- Regarding location data which is not subject to the Retention Obligation, an operator is allowed to process it but only with the data subject's consent (which can be withdrawn at any time) or if the respective data is modified in a way that it cannot be linked to a particular person without consent.
Failure to comply with any of the above rules regarding the processing of traffic or location data which is not covered by the above-identified Retention Obligation, is subject to offence liability and fines in range from EUR 4,000 to EUR 20,000 for a legal entity, and in range from EUR 200 to EUR 2,000 for a responsible person in a legal entity.
