Chapter IX

Article 90. Transitional provisions

(1) The Director and the Deputy Director of the Centre in office on the date of entry into force of this Law shall continue their term of office for the period for which they were appointed.

(2) The staff of the Centre in post at the time of entry into force of this Law shall be assigned to the new positions in accordance with the staffing table, in compliance with the provisions of Law No. 158/2008 on Public Office and the Status of Civil Servants and of labour legislation.

(3) On the date of entry into force of this Law, the following shall be repealed:

  1. a) Law No. 182/2008 on the Approval of the Regulation of the National Centre for Personal Data Protection, of the Structure, of the Staff Ceiling and of the Manner of Financing of the National Centre for Personal Data Protection;
  2. b) Law No. 133/2011 on Personal Data Protection;
  3. c) art. 74¹–74³ and art. 423⁴ of the Contravention Code of the Republic of Moldova No. 218/2008.

(4) From the entry into force of this Law, of the final amount of the pecuniary sanction set by the Centre, the following shall be applied:

  1. a) from the first year – 10% of the amount of the fine set;
  2. b) from the second year – 40% of the amount of the fine set;
  3. c) from the third year – 100% of the amount of the fine set.

(5) Acts issued by the Centre under art. 32(3) and (5)(f) and (i) of Law No. 133/2011 on Personal Data Protection shall remain in force after the entry into force of this Law.

(6) Complaints lodged with the Centre before the date of entry into force of this Law shall be examined and resolved in accordance with the procedural rules provided for by this Law and in accordance with the substantive rules, including those on liability for infringement of the legislation on data protection, provided for by the law in force on the date on which the infringement was committed.

(7) Civil cases and administrative litigation cases shall be examined and resolved in accordance with the provisions of the law in force on the date on which the disputed legal relationship arose.

(8) Where processing is based on consent under Law No. 133/2011 on Personal Data Protection, it is not necessary for the data subject to give his or her consent again if the manner in which the consent was given complies with the conditions of this Law, which allows the controller to continue such processing after the date of entry into force of this Law.

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