Under the Azerbaijani Law on Personal Data dated 11 May 2010 (the “Law”), collection and processing of a personal data about any individual shall be permitted only upon obtaining the written consent of a data subject (which can be given in the form of an electronic document with reinforced electronic signature or on the basis of a data submitted by the data subject in written form).
For the further protection of the data subjects the Law on Personal Data also requires that the information systems of personal data shall be registered with the Ministry of Transportation, Communication and High Technologies (the “Ministry”). Failure to do so may result in administrative liability under Article 375 of the Code of Administrative Delinquencies of the Republic of Azerbaijan, including a fine in the amount of 300 AZN up to 500 AZN (approximately USD 176 up to USD 294).
For the registration of its information system owner of such system should submit relevant application to the Ministry together with a registration card including the data about information system. The Ministry will review the documents within one month and issue a decision. In the event of positive decision, the Ministry registers the information system with the state register. It will also issue relevant extract on state registration.
In addition, formation of information sources and establishment of information systems of personal data is a licensable activity. Failure to obtain a license may result in criminal liability arising out Article 192 of the Criminal Code of the Republic of Azerbaijan, including the fine of a maximum amount of 5 times of revenue generated from such non-licensed activity and/or up to 7 years of imprisonment.
For obtaining the relevant license, a company should submit the following documents to the Ministry:
(i) application for license;
(ii) copy of certificate on state registration of applicant;
(iii) copy of extract from the state registry of legal entities;
(iv) copy of documents confirming right to use the premises indicated in the application;
(v) receipt on the payment of state fee – 1100 AZN (approximately USD 647). The fee is payable only if the Ministry decides to grant the license.
Under the law, the Ministry shall review the documents and make a decision on license within 10 business days.
If you need any legal assistance with respect to the application of the Law to different fields, Baku Attorneys & Consultants, as a law firm in Azerbaijan is ready to provide you with high quality legal services. Please, feel free to reach us via www.batco.az to further discuss your case.