Data Protection in Belarus

Enforcement in Belarus

According to the Data Protection Law, NPDPC supervises the processing of personal data by operators and authorised persons. In the case of a breach of personal data legislation, NPDPC has the right to issue a demand to eliminate the detected violations and / or to terminate personal data processing in the information resource (system). Term for elimination and / or termination is set by the NPDPC, but shall not be longer than six months.

Violation of personal data protection legislation may result in civil, criminal and administrative liability. If the violation has led to moral damages, the violator may be required by the court to reimburse such damages.

Administrative Offences Code of Republic of Belarus stipulates specific sanctions for personal data processing violations, including:

  • intentional illegal collection, processing, storage or transfer of personal data of an individual or violation of his / her rights related to the processing of personal data may cause a fine up to 50 base units or up to 100 base units (if the personal data is known to the infringer due to professional or official activities);
  • intentional distribution – up to 200 base units (since 1 January 2026 one base unit equals BYN 45, approx. EUR 13);
  • non-compliance with requirements on data protection measures implementation may cause a fine ranging from 20 to 50 base units for legal entities.

NPDPC has announced plans to consider increasing administrative liability for violations of data protections laws along with the amendments to the Data Protection Law. It is also plans to consider the issue of granting NPDPC employees the authority to impose administrative fines with respect to legal entities.

The Criminal Code of Republic of Belarus envisages criminal liability for the following breaches:

  • unlawful collection or provision of information relating to the private life and (or) personal data of another person without his / her consent (depending on the circumstances like volume on gravity) causing substantial harm to the rights, freedoms and legitimate interests of a citizen a person could be sentenced to community work, a criminal fine, arrest, or the restriction or deprivation of liberty for up to two years. For the unlawful distribution – restriction or deprivation of liberty for up to three years with the criminal fine. Higher liability may apply if offence relates to the victims performing public functions;
  • failure to comply with measures to ensure the protection of personal data by a person who processes personal data, which has inadvertently resulted in their dissemination and causing serious consequences a person could be sentenced to a criminal fine, deprivation of the right to occupy certain job positions or perform certain activities, corrective work for up to one year, arrest, or the restriction of liberty for up to two years or deprivation of liberty for up to one year.

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