HUNGARY
Since June 2014
Since December 1997, as amended in September 2019
Since December 1997, as amended in September 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act CLV of 1997 on Consumer Protection (1997. évi CLV. Törvény a fogyasztóvédelemről)
Act CLV of 1997 on Consumer Protection (1997. évi CLV. Törvény a fogyasztóvédelemről)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act CLV of 1997 on Consumer Protection (as amended in September 2019).
Coverage Horizontal
Sources
- https://web.archive.org/web/20210301192043/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20240403021748/https://njt.hu/jogszabaly/en/1997-155-00-00
- https://web.archive.org/web/20240727042206/https://net.jogtar.hu/jogszabaly?docid=99700155.tv
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HUNGARY
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Hungary has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HUNGARY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Hungary has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
HUNGARY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Hungary has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
HUNGARY
Since April 2019
Since May 2021
Since May 2021
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Act XXXVII of 2021 (Copyright Reform Act)
Act XXXVII of 2021 (Copyright Reform Act)
Although Art. 73 of Act CVIII of 2001 on Certain Issues of Electronic Commerce Services and Information Society Services provides that intermediary service providers are not required to monitor the content of the information they transmit, store, or provide access to, nor are they obliged to actively seek facts or circumstances indicating unlawful activity, subsequent EU legislation has introduced stricter obligations for certain categories of platforms.
In particular, Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, Hungary has adopted Act XXXVII of 2021, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
In particular, Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, Hungary has adopted Act XXXVII of 2021, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20200715101343/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20220701040607/https://magyarkozlony.hu/dokumentumok/526334b033ec56dda7906378ca38c272f80fb231/megtekintes
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
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HUNGARY
Since March 2010, entry into force in May 2010, last amended in 2018
Since December 2010, as amended in July 2019
Since December 2010, as amended in July 2019
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Act CLXXXV of 2010 on Media Services and Mass Communication (2010. évi CLXXXV. Törvény a médiaszolgáltatásokról és a tömegkommunikációról)
Act CLXXXV of 2010 on Media Services and Mass Communication (2010. évi CLXXXV. Törvény a médiaszolgáltatásokról és a tömegkommunikációról)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Hungary, the EU Directive was transposed into domestic law through the amendment of Act CLXXXV on Media Services and Mass Communication of July 2021 (LXIII of 2019 law on the amendment of certain laws related to media services). According to Art. 20 of the Act, at least 30% of the total aggregated length of programmes made available in a given calendar year in the programme schedule of on-demand audiovisual media services must consist of European works, with a minimum of 10% comprising Hungarian works.
Furthermore, pursuant to Art. 136, a media service provider with significant influence that offers a linear audiovisual media service is obligated to allocate 2.5% of its annual advertising revenue to the promotion of new Hungarian cinematographic works. This obligation can be satisfied either through a payment to the Fund or by providing financial support for a new film production, as mutually agreed upon between the Fund and the media service provider.
In Hungary, the EU Directive was transposed into domestic law through the amendment of Act CLXXXV on Media Services and Mass Communication of July 2021 (LXIII of 2019 law on the amendment of certain laws related to media services). According to Art. 20 of the Act, at least 30% of the total aggregated length of programmes made available in a given calendar year in the programme schedule of on-demand audiovisual media services must consist of European works, with a minimum of 10% comprising Hungarian works.
Furthermore, pursuant to Art. 136, a media service provider with significant influence that offers a linear audiovisual media service is obligated to allocate 2.5% of its annual advertising revenue to the promotion of new Hungarian cinematographic works. This obligation can be satisfied either through a payment to the Fund or by providing financial support for a new film production, as mutually agreed upon between the Fund and the media service provider.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231218140331/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231211061718/https://net.jogtar.hu/jogszabaly?docid=a1000185.tv
- https://web.archive.org/web/20230301155428/https://nmhh.hu/dokumentum/106487/act_clxxx_on_media_services_and_mass_media.pdf
- https://web.archive.org/web/20230927213001/https://mkogy.jogtar.hu/jogszabaly?docid=A1900063.TV
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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HUNGARY
Since April 2013, as amended in 2018, until January 2025
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Act L of 2013 on the Information Security of State and Municipal Bodies (2013. évi L. törvény az állami és önkormányzati szervek elektronikus információbiztonságáról)
Section 3 of "Act L of 2013 on the Information Security of State and Municipal Bodies" imposes local processing requirements on state and local government entities as well as organisations providing essential services. Under this provision, data within the scope of the Act must be processed in electronic information systems that are operated and stored in Hungary. Exceptions are narrowly defined: data may be processed outside Hungary only within the territory of an EEA State and only where the supervisory authority for the security of electronic information systems grants approval or an applicable international treaty provides for such processing. For entities delivering services classified as critical, such as those in the energy, transport, agriculture and healthcare sectors, electronic information systems may only be hosted within EU Member States.
The Cybersecurity Act adopted in December 2024 repeals Act L of 2013 with effect from 1 January 2025.
The Cybersecurity Act adopted in December 2024 repeals Act L of 2013 with effect from 1 January 2025.
Coverage Public sector
Sources
- https://web.archive.org/web/20230323110428/https://nki.gov.hu/wp-content/uploads/2020/11/Cyber-Security-Act_2013_50.pdf
- https://web.archive.org/web/20250729204259/https://ccianet.org/wp-content/uploads/2024/10/CCIA_Comments-for-the-2025-USTR-National-Trade-Estimate-Report.pdf
- https://web.archive.org/web/20250812174140/https://ceelegalmatters.com/hungary/28375-new-cybersecurity-laws-in-hungary
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HUNGARY
Since April 2016, entry into force in May 2018
Since July 2011
Since July 2011
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act CXII of 2011 on the Right to Informational Self-determination and on the Freedom of Information (2011. évi CXII. Törvény az információs önrendelkezési jogról és az információszabadságról)
Act CXII of 2011 on the Right to Informational Self-determination and on the Freedom of Information (2011. évi CXII. Törvény az információs önrendelkezési jogról és az információszabadságról)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Hungary implemented the GDPR by amending the Act CXII of 2011 on the Right to Informational Self-determination and on the Freedom of Information.
Coverage Horizontal
HUNGARY
Since May 2006
In April 2014
Since January 2004, last amended in December 2024
In April 2014
Since January 2004, last amended in December 2024
Pillar Domestic data policies |
Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act C of 2003 on Electronic Communications (2003. Évi C. Törvény az Elektronikus Hírközlésről)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act C of 2003 on Electronic Communications (2003. Évi C. Törvény az Elektronikus Hírközlésről)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned. This is the case in Hungary. Under Art. 159/A of Act C of 2003 on Electronic Communications, internet service providers have to store connection data for 12 months at least.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20150216085655/http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/police-cooperation/data-retention/index_en.htm
- https://web.archive.org/web/20230327050943/http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://web.archive.org/web/20221122182307/https://freedomhouse.org/country/hungary/freedom-net/2020#footnote1_cfog934
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HUNGARY
Since January 2004, last amended in December 2024
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Act C of 2003 on Electronic Communications (2003. évi C. törvény az elektronikus hírközlésről)
Art. 159/A of Act C of 2003 provides that mobile service providers and ISPs must provide user data to the authorities upon request. The Constitutional Court found this law unconstitutional in 2022 and called on parliament to amend the legislation by the end of the year, but it is reported that parliament failed to comply.
Coverage Mobile service providers and ISPs
Sources
- https://web.archive.org/web/20230127040147/https://net.jogtar.hu/jogszabaly?docid=a0300100.tv
- https://web.archive.org/web/20240105205504/https://freedomhouse.org/country/hungary/freedom-net/2023
- https://web.archive.org/web/20241107020731/https://alkotmanybirosag.hu/ugyadatlap/?id=BE10B8DB3AC6C7AEC1258709005B3553
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HUNGARY
Since July 2000
Since December 2001
Since December 2001
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220120230317/https://english.nmhh.hu/document/213838/act_cviii_of_2001.pdf
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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HUNGARY
Since July 2000
Since December 2001
Since December 2001
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220120230317/https://english.nmhh.hu/document/213838/act_cviii_of_2001.pdf
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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HUNGARY
Since January 2017
Pillar Intermediary liability |
Indicator User identity requirement
Act CXXVIII of 2016, which amends Act XXXIV of 1994 on the Police (and Act C of 2003 on Electronic Communications) (2016. évi CXXVIII. törvény a Rendőrségről szóló 1994. évi XXXIV. törvény, valamint az elektronikus hírközlésről szóló 2003. évi C. törvény módosításáról)
According to Art. 6.2 of Act CXXVIII of 2016, which amends Act XXXIV of 1994 on the Police (and Act C of 2003 on Electronic Communications), telecommunications service providers are required to verify the identity of individuals before entering into a contract for prepaid mobile telephony services (SIM cards). If the identity verification is unsuccessful, the subscription contract cannot be finalised, and the service provider is prohibited from initiating service. Additionally, for contracts exceeding one year, identity verification must be repeated annually on the contract anniversary or through third-party data matching. This identity verification can also be conducted online, either prior to the contract's conclusion or during data reconciliation processes.
Coverage Telecommunications service providers
Sources
- https://web.archive.org/web/20210919202949/https://mkogy.jogtar.hu/jogszabaly?docid=A1600128.TV
- https://web.archive.org/web/20231204070902/https://net.jogtar.hu/jogszabaly?docid=a0300100.tv#lbj658id91f7
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
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HUNGARY
Reported in 2022, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Hungarian Government holds shares in certain telecommunications companies. Historically, the State has held shares in Antenna Hungária Zrt., which, as of 2024, is owned by 4iG Plc. (78.76%) and the Hungarian State (23.22%). Furthermore, in January 2023, Antenna Hungária Zrt, together with Corvinus International Investment Zrt. (representing the Hungarian State) and Vodafone Europe B.V., signed a binding agreement for the acquisition of 100% of the shares in Vodafone Magyarország Zrt. (‘Vodafone Hungary’). Following the financial closing, Antenna Hungária Zrt. acquired an indirect controlling stake of 51%, while the Hungarian State retained an indirect stake of 49%.
Coverage Telecommunications sector
HUNGARY
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Hungary does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law. According to Sections 68 and 105 of Act C of 2003 on Electronic Communications, the National Media and Communications Authority (NMHH) may, by decision, impose detailed obligations of accounting separation in relation to specific activities concerning interconnection or access for service providers with significant market power in wholesale service markets. A service provider subject to accounting separation obligations is required to submit an accounting separation statement, prepared in accordance with the requirements set out in this Act, the NMHH Decree on the detailed rules for keeping separate accounting records, and the President’s resolution. This statement must be submitted to the President for approval within 45 days of the adoption of the annual report pursuant to the Accounting Act.
Coverage Telecommunications sector
