31
Jul
2025
Legal overview
2025
Legal overview
Monthly Legal Overview (July 2025)
99 AVOCATS ASSOCIÉS is pleased to propose a retrospective (selection) of legal news from Monaco in July (texts published in the Journal de Monaco, other publications):
TEXTS PUBLISHED IN THE JOURNAL DE MONACO
FAMILY
◾Alternating residence for children of separated parents
Law no. 1.577 of 1st July 2025 (JDM no. 8755 of 11 July 2025) enables the guardianship judge to arrange alternating residence for a child between separated parents, even without their agreement, where this is in the child's best interests.
GUARANTEE
◾Pledging ("nantissement") of motor vehicles
Law no. 1.579 of 1st July 2025 (JDM no. 8755 of 11 July 2025) enshrines the principle of retroactivity of the registration of the pledge of a motor vehicle to its date of registration in order to strengthen the legal certainty of the creditor.
BANKING & FINANCIAL
◾New lower legal interest rate
Sovereign Order no. 11.300 of 4 July 2025 (JDM no. 8755 of 11 July 2025) sets the legal interest rate (used to calculate interest on sums payable in the event of late payment), in all matters, at 3% per annum, with effect from 1 August 2025 (the rate was 4% from 1 March 2025, and 5% between that date and 1 February 2024).
◾Modification of Annexes A and B of the Monetary Agreement of 29 November 2011 between the European Union and Monaco
Sovereign Order no. 11. 278 of 18 June 2025 (JDM no. 8754 of 4 July 2025) incorporates into Annexes A and B of the EU-Monaco Monetary Agreement 12 new EU legal acts applicable to Monaco: DORA, MREL/TLAC, Daisy Chains II, new anti-money laundering and terrorist financing package, framework for crypto-assets (Travel Rule/TFR, MiCA).
PERSONAL DATA
◾Regulatory texts implementing Law no. 1.565
Sovereign Order no. 11.327 of 10 July 2025 (JDM no. 8756 of 18 July 2025) implements Law no. 1.565 on the protection of personal data. Ministerial Order no. 2025-361 of 14 July 2025 (JDM of the same day) implements Article 35 of the Law (impact assessment).
IT • CYBERSECURITY
◾Modification of various digital provisions
Law no. 1.578 of 1st July 2025 (JDM no. 8755 of 11 July 2025) develops Monaco's digital legal framework, harmonised with European standards (trust services, liability of service providers, data intermediation, digital identity wallet, etc.). It addresses various other aspects such as the de-indexing of individual administrative acts from search engines, the digitisation of all securities, etc.
◾AMSN • Certification of "ExpertCyber Monaco" service providers
Sovereign Order no. 11.325 of 10 July 2025 and Ministerial Order no. 2025-342 of 3 July 2025 (JDM no. 8755 of 11 July 2025) establish the "ExpertCyber Monaco" certification ("labélisation") scheme of the Monegasque Digital Security Agency (AMSN) for providers of IT installation, maintenance and support services, cybermalicious activity response services.
◾Creation of the "Cybermalveillance" subcommittee attached to the Strategic Committee for Digital Security
Sovereign Order no. 11.326 of 10 July 2025 (JDM no. 8756 of 18 July 2025) establishes the "Cybermalveillance" subcommittee, whose secretariat is provided by the AMSN. Its missions: prevention, support and assistance to victims of cybermalicious acts; public awareness and prevention campaigns on the challenges of digital security and privacy; statistics on cyber threats in order to better anticipate them.
SOCIAL
◾Protection of workers operating in hyperbaric environments
Ministerial Order no. 2025-372 of 17 July 2025 (JDM no. 8757 of 25 July 2025) replaces Annex 2 of Ministerial Order no. 2001-70 of 13 February 2001 establishing the list of bodies authorised to issue hyperbaric fitness certificates authorising the pursuit of hyperbaric activities in the Principality of Monaco.
PUBLIC HEALTH
◾First aid and emergency care
Sovereign Order no. 11.368 and Ministerial Order no. 2025-383 of 17 July 2025 (JDM no. 8757 of 25 July 2025) specify the rules governing emergency first aid and emergency care: authorised procedures, methods of implementation and level of training for each category of person; conditions and authorisation for dispensing with first aid training; provisions specific to the Monegasque Red Cross, etc.
◾On-call care and emergency service
Sovereign Order no. 11.328 of 10 July 2025 (JDM no. 8756 of 18 July 2025) creates "Médecins de garde - Monaco", a non-profit-making private law body responsible for organising medical duty for the benefit of the population, by persons authorised to practise medicine on Monegasque territory and registered with a Monegasque compulsory health insurance organisation.
ADMINISTRATIVE
◾Registration of motor vehicles
Ministerial Order no. 2025-381 of 17 July 2025 (JDM no. 8757 of 25 July 2025) extends the period for requesting registration renewal by one month (now from 1 September to 31 December), changes the consequences of non-renewal (the plate becomes invalid instead of a late penalty being imposed), and removes the indication of the year of validity from the top of the registration plate.
APPOINTMENTS
◾Appointment of the Minister of State
By Sovereign Order no. 11.290 of 2 July 2025 (JDM no. 8754 of 4 July 2025), Mr Christophe MIRMAND, Director of the Cabinet of the Minister of State, Minister for Overseas Territories, made available by the Government of the French Republic, has been appointed Minister of State, with effect from 21 July 2025.
◾Appointment of members of the Personal Data Protection Authority (APDP)
Sovereign Order no. 11.407 of 21 July 2025 (JDM no. 8757 of 25 July 2025) appoints the full and alternate members of the APDP for a term of 5 years, with effect from 28 July 2025.
JUSTICE • EUROPE
◾Secondment of a judge to the European Court of Human Rights (ECHR)
By Sovereign Order no. 11.281 of 25 June 2025 (JDM no. 8754 of 4 July 2025), Mr Sébastien BIANCHERI, Vice-President of the Court of Appeal, was seconded, at his request, to the ECHR for a period of five years, with effect from 7 July 2025.
INTERNATIONAL
◾ New consular post for Monaco in Jordan
Sovereign Order no. 11.331 of 17 July 2025 (JDM no. 8757 of 25 July 2025) adds "Jordan: Amman" to the list of consular posts abroad set out in Article 2 of Sovereign Ordinance no. 8.001 of 9 May 1984, as amended.
OTHER PUBLICATIONS
COMPANY
◾Contribution by Thomas GIACCARDI in the new Monaco Droit review
The contribution (in French) of Thomas GIACCARDI entitled "From liability to accountability of companies under Monegasque law" appeared in the first issue of the Monaco Droit review launched by the Secretariat of Justice and prepared by the Monegasque Institute for Training in the Legal Professions (IMFPJ).
PERSONAL DATA • COMPLIANCE
◾APDP : Personal Data breach (documentation)
The Personal Data Protection Authority (APDP) has added to its Website https://apdp.mc/ a Model Data Breach Register (Excel) ("Modèle de Registre des Violations de Données") and three practical sheets "How to manage a data breach?" ("Comment gérer une violation des données ?"), "Assessing the risk of a data breach in 5 steps" ("L’évaluation du risque d’une violation de données en 5 étapes"), "The main data breaches: obligations and advice for preventing them" ("Les principales violations de données : obligations et conseils pour les prévenir").
FAMILY OFFICE
◾Draft law no. 268 relating to the Monegasque Patrimonial Foundation ("Fondation Patrimoniale Monégasque")
The Parliament proposes a new "competitive legal vehicle capable of offering purposes comparable to foreign law trusts and foundations" in other civil law countries. The Minister of State must announce his decision on the follow-up to draft law no. 268 adopted on 18 June, by 23 December 2025 at the latest: either to convert it into a Government Bill or to halt the legislative process (Legimonaco, News, 14 July 2025).
PUBLIC FINANCES
◾Draft organic law no. 270 on budget laws
The Parliament proposes to update budgetary concepts, streamline practices and enhance transparency. The Minister of State must announce by 23 December 2025 at the latest his decision on the follow-up to draft organic law no. 270 adopted on 18 June: either to convert it into a Government bill or to halt the legislative process (Legimonaco, News, 8 July 2025).
PUBLIC
◾New hotline number for victims of all types of violence
Free helpline number 3919 (same as the national helpline number in France) redirects calls from Monaco to the Victims of Criminal Offenses Help Association ("Association d'Aide aux Victimes d'Infractions Pénales" AVIP), which is authorised to provide information to victims of all types of violence: domestic violence, sexual violence, rape, harassment, workplace violence, etc. (Press release from the Women's Rights Committee of 18 July 2025).
◾Grouping of nine administrative services
The following administrative departments have been grouped together at the Espace Honoré II, which was inaugurated on 23 July: Department of Education, Youth and Sport; Department of Forward Studies, Urban Planning and Mobility; Department of Social Welfare and Social Services; Housing Department; State Property Authority; Driver and Vehicle Licensing Office; Public Car Parks Office; Department of Legal Affairs; Stamp Issuing Office (Government press release, 25 July 2025).
INTERNATIONAL
◾Establishment of diplomatic relations with the Federated States of Micronesia
On 17 July 2025, the Permanent Representatives to the United Nations of the Principality of Monaco and the Federated States of Micronesia (Yap, Chuuk, Pohnpei and Kosrae) signed joint communiqués establishing their diplomatic relations (Government news flash of 21 July 2025).
Other publications