08
Apr
2025
Legal overview
Companies and taxation
International and European law
Family law
Intellectual property law
IT and communication law
Personal data
Public law
Family Office
2025
Legal overview
Companies and taxation — International and European law — Family law — Intellectual property law — IT and communication law — Personal data — Public law — Family Office
Monthly Legal Overview (March 2025)
99 AVOCATS ASSOCIÉS is pleased to propose a summary of the Monaco legal news (texts published in the Journal de Monaco and other publications, legislative work) and its events in March 2025.
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EVENTS
◾Géraldine GAZO new partner of 99 AVOCATS !
We are delighted to announce that Me Géraldine GAZO Avocat-Défenseur, has joined us as a partner, along with her team.
Watch the video presentation
◾Thomas GIACCARDI and 99 AVOCATS distinguished in the Chambers Europe Guide 2025
Once again, Me Thomas GIACCARDI and 99 AVOCATS ASSOCIÉS are ranked in the Chambers Europe Guide under the practice area "General Business Law: Law Firms - Avocats-Défenseurs".
◾IBA 30th Annual International Private Client Conference
Patricia KEMAYOU MENGUE, Head of the Corporate & Tax Department, and Ewelina WASOWSKA, Head of the Family Office Department, attended the International Bar Association (IBA) 30th Annual International Private Client Tax Conference in London from 2 to 4 March.
◾Presentation to the Foreign Residents Club of Monaco
Erika BERNARDI, Attorney (Avocat) and Ewelina WASOWSKA, Head of the Family Office Department, had the pleasure of discussing with members of the Club des Résidents Etrangers de Monaco (CREM) on 26 March on the subject "Arriving from the UK to Monaco: What to expect?".
◾Support for International Women's Rights Day
To mark International Women's Rights Day on 8 March, our Family Department has highlighted the Monegasque status of "Head of Household".
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TEXTS PUBLISHED IN THE JOURNAL DE MONACO
PUBLIC • PERSONAL DATA PTOTECTION
◾Commission Spéciale de Sécurité Nationale (supervision of personal data processing)
Sovereign Order no. 11.138 of 6 March 2025 (JDM no. 8737 of 7 March 2025) appoints the members of the Special Commission on National Security (CSSN), the supervisory authority for the processing of personal data in the field of national security implemented under articles 9 to 15 and 18 of Law no. 1.430. Law no. 1.565 of 3 December 2024 on the protection of personal data has strengthened its guarantees of independence and impartiality in accordance with Convention 108+ of the Council of Europe. Monaco has three supervisory authorities for the protection of personal data.
◾Opinion of the Monegasque Data Protection Authority (APDP) on the draft Sovereign Order implementing Law no. 1.565 of 3 December 2024
In its Deliberation no. 2025-4 of 19 March 2025 (JDM no. 8740 of 28 March 2025), the APDP analyses the draft Sovereign Ordinance provision by provision, in the light of the reference criteria for adequacy under Regulation (EU) 2016/679 (RGPD) (wp254rev.01) and Directive (EU) 2016/680 ‘Police Justice’ (Recommendations 01/2021), given "the stated objective of obtaining an adequacy decision" from the European Commission.
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OTHER PUBLICATIONS
◾Ratification of Convention 108+ of the Council of Europe
On 6 March 2025, Monaco ratified the Protocol amending the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108+), the requirements of which are set out in Law no. 1.565 of 3 December 2024 on the protection of personal data.
◾Publication of the model register of personal data processing activities and other practical resources on the APDP website
Since the end of March, under the heading "Registre des activités de traitement" (Register of processing activities), the APDP has been offering professionals a model register in Excel format, accompanied by an explanatory guide (help and definitions), as well as examples of processing activities.
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LEGISLATIVE WORK
◾Bill no. 1094 on the modernisation of company law (voted)
On 21 March, the Legislation Committee published its report and the consolidated text of Bill no. 1094, a major reform of company law. The Bill was passed on 3 April.
◾Bill no. 1045 on the recognition and ownership of intellectual works
The Culture and Heritage Committee is continuing its study of Bill 1045, which, among other things, modernises the copyright regime and enshrines related rights in law. Law no. 491 of 24 November 1948 on the protection of literary and artistic works, as amended, would consequently be repealed.
◾Bill no. 1081 on the development of palliative care and support for people at the end of life
The Committee on Social Interests and Miscellaneous Affairs (CISAD) is continuing its consultations as part of the review of Bill No. 1081 (CHPG (hospital) palliative care service; Jean LEONETTI, author of the 2005 and 2016 French laws on patients' rights and the end of life).
◾Bill no. 1104 amending law no. 1.346 of 9 May 2008 on protection against smoking
On 26 March, the Commission for Social Interests and Various Affairs (CISAD) began studying Bill no. 1104. The proposed changes to regulatory policy take account of developments on the international tobacco market.
◾Draft Law no. 267 on the voluntary interruption of pregnancy
Draft Law no. 267 (of parliamentary origin) received on 4 March, amends article 248 of the Criminal Code in order to legalise the practice of abortion without the need to justify a reason. The Family and Equality Rights Committee heard the opinions of the High Commission for the Protection of Rights and Mediation, the Monegasque Association of Obstetrics and Gynaecology, the Monegasque Women's Union and SheCanHeCan, which have been made public.
Other publications