Data Protection and Employee Privacy in Armenia

1) What laws in Armenia regulate the protection of employee personal data, and how do they compare to international standards?

According to Armenian legislation the protection of employee personal data is regulated by the following main internal and international laws:

1. The Constitution of the Republic of Armenia (chapter on the protection of personal data).

2. The Labor Code of the Republic of Armenia (chapter on the protection of employee personal data).

3. The Law on Protection of Personal Data of the Republic of Armenia, No.HO-49-N dated 18 May, 2015 (regulates general rules for the processing, storage, and protection of personal data).

4. Convention No108 for the Protection of Individuals with regard to Automatic Processing of Personal Data.

5. Convention No 108+ Modernised Convention for the Protection of Individuals with Regard to the Processing of Personal Data.

The legislation of the Republic of Armenia governing the protection of personal data is broadly consistent with international standards, including the General Data Protection Regulation (GDPR), but does not encompass some of its specific features (including, but not limited to the differentiation of ‘’Data controller’’ and ‘’ Data processors’’).

2) What types of employee personal data are typically protected under labor laws?

The Labor Code of the Republic of Armenia prescribes that an employee's personal data constitutes information required by the employer that pertains to the employment relationship and is specifically related to the individual employee.

3) How to ensure compliance with personal data protection legislation when transferring employee personal data to third parties (e.g., contractors, partners)?

In accordance with the Labor Code of the Republic of Armenia transferring an employee's personal data, the employer must adhere to the following legal requirements:

1. The employer must not disclose the employee's personal data to third parties without the employee's written consent, except in cases where disclosure is necessary to prevent threats to the employee's life and health or in other instances as mandated by law.

2. The employer is required to inform the recipients of the employee's personal data of its intended use and obtain confirmation that the data will be utilized solely for the specified purposes. Recipients of the employee's personal data are obligated to maintain confidentiality.

3. The transfer of an employee's personal data by the employer must be conducted in accordance with the employer's internal legal regulations.

4) In what form is consent obtained for the processing of employees' personal data?

The Law on Protection of Personal Data of the Republic of Armenia stipulates that the data subject's consent may be provided in the following forms:

• In written form;
• Electronically, accompanied by a certified digital signature;
• Verbally, under circumstances as permitted by law.

5) What personal data of employees may not be requested and processed by the employer?

In accordance with the Labor Law the employer does not have the right to obtain and process data on the employee's political, religious and other beliefs or personal life. In cases directly related to employment relations, the employer has the right to obtain and process data on the employee's personal life only with his written consent.

The employer does not have the right to acquire and process personal data about the employee's membership in public associations or his activities in trade unions, except for cases provided by law.

6) What are the consequences of violating employee data protection laws?

The legislation of the Republic of Armenia stipulates administrative and criminal penalties for breach of personal data protection.

Author: Hasmik Martirosyan