Council of Europe Convention 108
Opened for signature on 28 January 1981, Convention 108 was the first legally binding international instrument in data protection. It rests on data protection , balances privacy with the free flow of personal data, and - as a binding instrument - obliges signatory states to enact national legislation. It has twenty-seven articles in three main parts and was modernised in late 2018.
Convention 108 arose because member states had not responded adequately to the Council's 1973 (private sector) and 1974 (public sector) resolutions, and because those principles needed reinforcement through a binding international instrument. The final text opened for signature on 28 January 1981.
- Based on data protection (accuracy, security, individual right of access) - principles still found in the GDPR and the Directive
- Balances individual privacy with the free flow of personal data for commerce and public functions
- As a binding instrument, requires signatory states to enact national legislation
| Part | Location | Subject |
|---|---|---|
| Basic principles | Chapter II, Articles 4–11 | Core data protection principles |
| Transborder data flows | Chapter III, Article 12 | Cross-border transfers between parties |
| Mutual assistance | Chapter IV, Articles 13–17 | Cooperation provisions |
Convention 108 = first legally binding international data protection instrument, 27 articles, modernised in 2018. Article 12(2) bars blocking transborder flows solely to protect privacy.