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(Please note these links are provided for information only. Any translations may not be accurate and the text may not include amendments to that legislation).
Contributed by WANGER Markus, Vaduz
Last updated May 2026
General | Data Protection Laws
National Legislation
National Supervisory Authority
Scope of Application
Personal Data
Sensitive Personal Data
Data Protection Officers
Accountability and Privacy Impact Assessments
Rights of Data Subjects
Security
Transfer of Personal Data to Third Countries
Enforcement
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General data protection laws
The General Data Protection Regulation (EU) (2016/679)(“GDPR”).
The EU is currently considering the Digital Omnibus (2025/0360 (COD)). This proposes a number of amendments to the GDPR including: (a) protection from abusive subject access requests; (b) extending the deadline to notify breaches to a supervisory authority to 96 hours and only applying that notification to high risk breaches; (c) codifying the “relative” approach to the concept of personal data; (d) ensuring a consistent approach to DPIAs; and (e) providing an express legal basis for the training of AI systems. However, some changes are controversial, and it is not clear if they will all be adopted.
The GDPR was incorporated into the European Economic Area (EEA) agreement on 6 July 2018 and applies from 20 July 2018 in Liechtenstein.
The national implementing legislation is the Datenschutzgesetz (DSG – Data Protection Act) and the Datenschutzverordnung (DSV – Data Protection Regulation), both of which entered into force on 1 January 2019.
Entry into force
The GDPR has applied since 25 May 2018.
The Data Protection Act and the Data Protection Regulation came into force on 1 January 2019.
Details of the competent national supervisory authority
The Datenschutzstelle is the supervisory authority in Liechtenstein.
Contact details:
Datenschutzstelle
Kirchstrasse 8, Postfach 684
FL-9490 Vaduz
Liechtenstein
Tel: +423 236 60 90
www.datenschutzstelle.li
email: info.dss@llv.li
Exemptions to notification
Not applicable.
Notification or registration scheme and timing
There is no obligation to notify regulators of any processing under the GDPR. However, controllers and processors must keep a record of their processing and make it available to their supervisory authority on request (subject to limited exemptions).
What is the territorial scope of application?
The GDPR applies to the processing of personal data in the context of the establishment of a controller or processor in the EU.
It also contains express extra-territorial provisions and applies to controllers or processors based outside the EU that: (i) offer goods or services to individuals in the EU; or (ii) monitor individuals within the EU. Controllers and processors caught by these provisions will need to appoint a representative in the EU, subject to certain limited exemptions.
The European Data Protection Board has issued Guidelines on the territorial scope of the GDPR (3/2018).
Is there a concept of a controller and processor?
Yes. The GDPR contains the concept of a controller, who determines the purpose and means of processing, and a processor, who just processes personal data on behalf of the controller.
The European Data Protection Board has issued Guidelines on the concepts of controller and processor in the GDPR (7/2020).
Both controllers and processors are subject to the rules in the GDPR, but the obligations placed on processors are more limited.
Are both manual and electronic records subject to data protection legislation?
Yes. The GDPR applies to both electronic records and structured hard copy records.
Are there any national derogations?
The GDPR does not apply to law enforcement activities which are instead subject to the Law Enforcement Directive. The GDPR also does not apply to areas of law that are outside the scope of Union law, such as national security, and does not apply to purely personal or household activity.
What is personal data?
Personal data is information relating to an identified or identifiable natural person.
This is a broad term and includes a wide range of information. The GDPR expressly states it includes online identifiers such as cookies. This concept has been considered by the CJEU on multiple occasions. This includes deciding that information will not be personal data where the risk of identification appears in reality to be insignificant (OC v Commission, C-479/22 P) and that a “relative” approach should be taken to identification by considering the means reasonably available to the person holding the information (EDPS v SRB, C-413/23 P).
Is information about legal entities personal data?
No. However, information about sole traders and partnerships is likely to be personal data.
What are the rules for processing personal data?
All processing of personal data must comply with all six general data quality principles. Personal data must be: (i) processed fairly, lawfully and transparently; (ii) collected for specific, explicit and legitimate purposes and not processed in a manner incompatible with those purposes; (iii) adequate, relevant and not excessive; (iv) accurate and, where necessary, up to date; (v) kept in an identifiable form for no longer than necessary; and (vi) kept secure.
The processing of personal data must also satisfy at least one condition for processing personal data. These conditions are that the processing is: (a) carried out with the data subject’s consent; (b) necessary for the performance of a contract with the data subject; (c) necessary for compliance with a legal obligation; (d) necessary in order to protect the vital interests of the data subject; (e) necessary for the public interest or in the exercise of official authority; or (f) necessary for the controller’s or a third party's legitimate interests, except where overridden by the interests or fundamental rights and freedoms of the data subject.
The European Data Protection Board has issued Guidelines on the performance of a contract processing condition for online services (2/2019) and Guidelines on processing of personal data based on Article 6(1)(f) (1/2024).
Are there any formalities to obtain consent to process personal data?
The requirements for consent under the GDPR are strict.
To be valid, consent must be in clear and plain language and, where sought in writing, separate from other matters. Consent must be based on affirmative action so pre-ticked boxes are not acceptable. Consent might not be valid if: (i) there is any detriment to the data subject for refusing; (ii) there is an imbalance of power; (iii) consent for multiple purposes is bundled together; or (iv) the consent is a condition of entering into a contract. Finally, consent can be withdrawn at any time.
In practice, other processing conditions should be relied on where possible. Consent will only be an appropriate processing condition if the individual has a genuine choice over the matter, for example, whether to be sent marketing materials.
The European Data Protection Board has issued Guidelines on consent (5/2020).
Are there any special rules when processing personal data about children?
Consent from a child in relation to online services will only be valid if authorised by a parent. A child is someone under 16 years old. Liechtenstein has not reduced this age to 13 and therefore applies the default GDPR rule of 16 years.
Are there any special rules when processing personal data about employees?
The GDPR allows Member States to implement more specific national rules governing the processing of personal data about employees. It may also be possible to process special category personal data where it is necessary for a legal obligation in the field of employment law.
Under the Data Protection Act, employers may not process personal data of employees, including data pertaining to criminal convictions and offences, unless this is necessary for: (i) deciding whether an employer-employee relationship is to be established; (ii) performing an employer-employee relationship or terminating it; or (iii) compliance with applicable laws. Sensitive personal data may be processed when in relation to the exercise of rights and obligations in relation to employment.
What is sensitive personal data?
Special category data is personal data consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, biometric data, data concerning health or data concerning a natural person’s sex life or sexual orientation. Decisions such as OT (C-184/20) and Lindenapotheke (C-21/23) indicate this should be interpreted broadly to include information that indirectly discloses these characteristics.
Information about criminal offences is dealt with separately and is subject to even tighter controls.
Are there additional rules for processing sensitive personal data?
Special category data may only be processed if a condition for processing special category data is satisfied. A condition arises where the processing: (a) is carried out with the data subject’s explicit consent; (b) is necessary for a legal obligation in the fields of employment, social security and social protection law; (c) is necessary to protect the vital interests of the data subject or another person where the data subject is unable to give consent; (d) is carried out by a non-profit-seeking body and relates to members of that body or persons who have regular contact; (e) relates to data made public by the data subject; (f) is necessary for legal claims; (g) is for reasons of substantial public interest under EU or Member State law; (h) is necessary for healthcare reasons; (i) is necessary for public health reasons; or (j) is necessary for archiving, scientific or historical research purposes or statistical purposes and is based on EU or Member State law.
Under the Data Protection Act, sensitive personal data may be processed if the data subject's valid consent is obtained. Sensitive personal data may be processed when in relation to the exercise of rights and obligations in relation to employment, social security and social protection.
Are there additional rules for processing information about criminal offences?
It is only possible to process personal data relating to criminal convictions or offences if: (a) it is carried out under the control of official authority; or (b) when the processing is authorised by EU or Member State law providing for appropriate safeguards for the rights and freedoms of data subjects.
Under the Data Protection Act, employers may not process personal data pertaining to criminal convictions and offences, unless this is necessary for: (i) deciding whether an employer-employee relationship is to be established; (ii) performing an employer-employee relationship or terminating it; or (iii) compliance with applicable laws.
Are there any formalities to obtain consent to process sensitive personal data?
Consent to process sensitive personal data must be explicit. The general restrictions on consent, set out above, will also apply. This suggests a degree of formality, such as ticking a box containing the express words “I consent”. It is unlikely explicit consent could be obtained through a course of conduct.
When must a data protection officer be appointed?
Both controllers and processors must appoint a data protection officer if: (i) they are a public authority; (ii) their core activities consist of regular and systematic monitoring of data subjects on a large scale; or (iii) their core activities consist of processing special category personal data on a large scale (including processing information about criminal offences).
What are the duties of the data protection officer?
The data protection officer must be involved in all data protection issues and cannot be dismissed or penalised for performing their role. The data protection officer must report directly to the highest level of management. Details of the data protection officer must be communicated to the relevant supervisory authority.
The Article 29 Working Party has issued Guidelines on Data Protection Officers (WP243).
Is there a general accountability obligation?
The GDPR adds a general accountability obligation under which you must not only comply with these rules, but also be able to demonstrate you comply with them. This means ensuring suitable policies are in place supported by audit and training.
Are privacy impact assessments mandatory?
A data protection impact assessment must be conducted where “high risk” processing is carried out. This includes: (a) systematic and extensive profiling that produces legal effects or significantly affects individuals; (b) processing on a large scale either special categories of personal data or personal data relating to criminal convictions and offences; and (c) systematic monitoring of a publicly accessible area on a large scale (e.g. CCTV). Where the assessment indicates the risk cannot be mitigated, the controller must consult the relevant supervisory authority.
The Article 29 Working Party has subsequently issued Guidelines on Data Protection Impact Assessments (WP248). It suggests there are nine criteria to consider to determine whether to conduct a data protection impact assessment, and that an assessment should be made if two or more of those criteria are met. This is arguably wider than the criteria set out in the paragraph above.
Privacy notices
A controller must provide data subjects with a privacy notice setting out how the individual’s personal data will be processed. The privacy notice must contain the enhanced transparency information.
The Article 29 Working Party has issued Guidelines on Transparency (WP260).
Rights to access information
Data subjects have a right to access copies of their personal data by making a request to the controller. They are entitled to both a copy of the personal data and information about the context in which it is processed. The initial request is free, though a charge can be made for subsequent requests. Controllers can refuse the request if it is manifestly unfounded or excessive. The right to obtain a copy of personal data should not adversely affect the rights and freedoms of others. The response must be provided within a month, though this can be extended by two months if the request is complex.
The European Data Protection Board has issued Guidelines on rights of access (1/2022). There have been several important CJEU decisions on the right of access. They indicate data subjects have a right to a faithful and intelligible reproduction of their personal data, including underlying documents where essential to exercise their rights effectively (FF, C-487/21) and that a request is only likely to be considered excessive if made with abusive intent (Rottler, C-526/24). In Österreichische Post (C‑154/21), the CJEU decided that details of specific recipients of the personal data must be disclosed unless this is impossible or manifestly unfounded or excessive.
Rights to data portability
Data subjects will also have a right to data portability where the condition for processing personal data is consent or the performance of a contract. It entitles individuals to obtain any personal data they have “provided” to the controller in a machine-readable format. Individuals can also ask for the data to be transferred directly from one controller to another. There is no right to charge fees for this service.
Under the Data Protection Act, the right to data portability does not apply in cases of data processing for archiving purposes in the public interest insofar as it renders impossible or seriously impairs the achievement of those purposes, and the limitation is necessary to fulfil those purposes.
Right to be forgotten
A data subject can ask that their data be deleted in certain circumstances. However, those circumstances are relatively limited, for example where the processing is based on consent, that consent is withdrawn and there are no other grounds for processing. Even where the right does arise, there are a range of exemptions, for example where there is a legal obligation to retain the data.
The European Data Protection Board has issued Guidelines on the criteria of the Right to be Forgotten in the search engines cases under the GDPR (part 1) (5/2019).
The right to erasure is also restricted under the Data Protection Act in cases of non-automatic processing where the erasure would be impossible or would involve a disproportionate effort due to the mode of storage. The restriction would only be applicable where the data was processed lawfully and the data subject’s interest in the erasure was minimal.
Objection to direct marketing
A data subject can object to their personal data being processed for direct marketing purposes at any time. This includes profiling to the extent related to direct marketing.
Other rights
The GDPR contains a range of other rights, including a right to have inaccurate data corrected. There is also a right to object to processing being carried out in the performance of a public task or under the legitimate interests condition.
Finally, there are controls on taking decisions based solely on automated decision making that produce legal effects or similarly significantly affects the data subject. The Article 29 Working Party has issued Guidelines on Automated Decision Making and Profiling (WP251).
Restrictions on the right to object to automated decision making have been imposed by the Data Protection Act in cases of credit transactions, provision of investment services, taking measures to evaluate risks to prevent money laundering and so on. However, the controller has to take appropriate measures to safeguard the data subject's legitimate interests to contest the decision.
Security requirements in order to protect personal data
The GDPR contains a general obligation to implement appropriate technical and organisational measures to protect personal data.
In addition, controllers and processors must ensure, where appropriate: (i) the pseudonymisation and encryption of personal data; (ii) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of its information technology systems; (iii) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and (iv) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.
Specific rules governing processing by third party agents (processors)
A controller must ensure that any processor it instructs will ensure adequate security for personal data and otherwise meet the requirements of the GDPR.
The controller must have written contracts with its processor containing the enhanced processor clauses.
Notice of breach laws
A personal data breach must be notified to the relevant supervisory authority unless it is unlikely to result in a risk to data subjects. The notification must, where feasible, be made within 72 hours. If the personal data breach is a high risk for data subjects, those data subjects must also be notified.
Notice of breach laws apply to specific industry sectors under other regimes. For example, under EU DORA and under the national laws implementing the Privacy and Electronic Communications Directive and to operators of essential services and digital service providers under national laws implementing the Network and Information Systems Directive (NIS II).
The European Data Protection Board has issued Guidelines on Personal Data Breach Notification (9/2022) and Examples regarding Personal Data Breach Notification (1/2021).
Restrictions on transfers to third countries
The GDPR contains a restriction on transborder dataflows. This restriction does not apply if the transfer is to a whitelisted country (which includes US organisations participating in the EU-U.S. Data Privacy Framework).
Transfers can be made: (i) pursuant to a set of Standard Contractual Clauses; (ii) pursuant to binding corporate rules; (iii) to an importer who has signed up to an approved code or obtained an approved certification; or (iv) where otherwise approved by the relevant supervisory authority. However, following the decision in Schrems II (C-311/18) any transfer made on this basis must be subject to a transfer impact assessment of the laws of the relevant third country and supplemented by supplementary protections where necessary.
The European Data Protection Board has issued Recommendation on European Essential Guarantees for surveillance measures (2/2020) and a Recommendation on measures that supplement transfer tools (1/2020) to help conduct this transfer impact assessment. The European Commission has also issued an FAQ on the new Standard Contractual Clauses.
Transfers are also possible if an individual derogation applies. These derogations allow a transfer if it: (i) is made with the data subject’s explicit consent; (ii) is necessary for the performance of a contract with, or in the interests of, the data subject; (iii) is necessary or legally required on important public interest grounds, or for legal claims; (iv) is necessary to protect the vital interests of the data subject; (v) is made from a public register; or (vi) is made under the so-called minor transfer exemption.
The European Data Protection Board has issued Guidelines on derogations applicable to international transfers (2/2018). Finally, the European Data Protection Board has issued Guidelines on the interplay between Article 3 and international transfers (05/2021) to help identify when a transfer takes place.
Notification and approval of national regulator (including notification of use of Standard Contractual Clauses)
In general, there is no need for prior approval from a supervisory authority. However, this depends on the justification for the transfer.
For example, there is no obligation to get approval for the use of Standard Contractual Clauses (though it is possible some supervisory authorities may want to be notified of their use). In contrast, it is necessary to get approval to rely on binding corporate rules, and the supervisory authority must be informed of transfers made using the minor transfers exemption.
Use of binding corporate rules
The GDPR places binding corporate rules on a statutory footing. It is possible to obtain authorisation from one supervisory authority (subject to approval through the consistency mechanism) that covers transfers from anywhere in the EU.
Fines
The GDPR is intended to make data protection a boardroom issue. It introduces an antitrust-type sanction regime with fines of up to 4% of annual worldwide turnover or €20m, whichever is the greater. These fines apply to breaches of many of the provisions of the GDPR, including failure to comply with the six general data quality principles or carrying out processing without satisfying a condition for processing personal data.
A limited number of breaches fall into a lower tier and so are subject to fines of up to 2% of annual worldwide turnover or €10m, whichever is the greater. Failing to notify a personal data breach or failing to put an adequate contract in place with a processor fall into this lower tier.
There are a number of CJEU judgments on administrative fines. For example, the CJEU has stated that fines can only be imposed where there is an intentional or negligent infringement of the GDPR, see Deutsche Wohnen (C-807/21).
The EDPB has published Guidelines on the calculation of administrative fines (04/2022).
Under the Data Protection Act, if the violation occurred in the course of the business activity by a board member or similar, that person may be liable for fines up to 360 day-fines for: (i) processing personal data without authorisation; (ii) breaching their obligation of confidentiality for personal data in their possession; or (iii) committing an offence to gain a financial advantage for either themselves or someone else, or to inflict a disadvantage on another person.
Imprisonment
Anyone unlawfully gathering personal data may be liable for imprisonment of up to six months or a fine of up to 360 daily rates for: (i) processing personal data without authorisation; or (ii) breaching their obligation of confidentiality for personal data in their possession.
Anyone violating data secrecy may be liable for imprisonment of up to one year or a fine of up to 360 day-fines if they commit the offence to gain a financial advantage for either themselves or someone else, or to inflict a disadvantage on another person.
Compensation
Data subjects have a right to compensation in respect of material and non-material damage. This requires more than a mere infringement of the GDPR and there must be actual material or non-material damage.
The CJEU has issued a large number of judgments on compensation. They confirm that the mere infringement of the GDPR is not sufficient to give a right to compensation and there must be a causal link between the infringement and the damage to the individual. However, there is no minimum threshold of seriousness (Österreichische Post, C-300/21) and even negative feelings experienced by the data subject because of the misuse of their data may be sufficient to trigger a right to compensation (Quirin Privatbank, C-655/23).
Other powers
Regulators have a range of other powers and sanctions at their disposal. This includes investigative powers, such as the ability to demand information from controllers and processors, and to carry out audits. They also have corrective powers enabling them to issue warnings or reprimands, to enforce an individual’s rights and to issue a temporary or permanent ban on processing.
The EU has also adopted Regulation (EU) 2025/2518 which lays down additional procedural rules for enforcement of the GDPR in cross-border cases. It will apply from April 2027.
Authorities and other public bodies shall not be subject to any administrative fines.
Practice
Fines: The only publicly reported administrative fine remains €4,100 (2020, unknown entity, breach of general data processing principles). According to the Datenschutzstelle’s activity reports (including 2024), no further administrative fines have been imposed.
ePrivacy laws
The Kommunikationsgesetz (KomG) dated 5 April 2023, which replaced the former Communication Act of 17 March 2006, entered into force on 1 July 2020. Significant amendments, in particular Art. 61(4) KomG concerning the storage of and access to information in the user’s terminal equipment (cookies and comparable technologies), took effect on 1 February 2025.
The Office for Communication (Amt für Kommunikation) is the regulatory and supervisory authority for telecommunications matters, including ePrivacy rules.
Updated guidance on the use of cookies and comparable technologies (10 December 2025) is available here.
Conditions for use of cookies
Since 1 February 2025, Art. 61(4) KomG requires informed consent (in accordance with the GDPR) for the storage of or access to information already stored in the user’s terminal equipment (e.g. cookies, tracking technologies, fingerprinting).
Exceptions apply where the storage/access is:
(a) solely for the transmission of a communication over an electronic communications network; or
(b) strictly necessary for the provision of a service explicitly requested by the user (e.g. shopping cart, login, language settings, consent management).
Technically necessary cookies therefore do not require consent. Simple, anonymised web analytics/visitor statistics may also be used without consent under strict conditions (data minimisation, no profiling, no cross-site tracking, legitimate interest under Art. 6(1)(f) GDPR and information plus objection rights in the privacy policy) – the Datenschutzstelle follows a relatively generous interpretation in this respect.
In all other cases (e.g. marketing, profiling, non-essential analytics) explicit consent is required.
Regulatory guidance on the use of cookies
The Datenschutzstelle has published detailed updated guidance on cookies and comparable technologies (10 December 2025). A model privacy policy text for websites is available on the regulator’s website. Further guidance documents (including older Article 29 WP opinions) can be downloaded directly from datenschutzstelle.li.
Conditions for direct marketing by e-mail to individual subscribers
Under Art. 63 KomG it is prohibited to send electronic messages for direct marketing purposes unless the recipient has previously given explicit consent. An organisation may send a single e-mail to existing customers asking whether they consent to further direct marketing.
Conditions for direct marketing by e-mail to corporate subscribers
The same conditions apply as for individual subscribers (Art. 63 KomG applies equally to legal persons and business e-mail addresses).
Exemptions and other issues
The “similar products and services” exemption applies. However, even with consent or under the exemption, sending is prohibited if: (i) the contact details were obtained by chance; (ii) the sender knew or should have known of the recipient’s refusal; or (iii) the transmission violates other provisions of Liechtenstein law.
Direct marketing e-mails must not disguise the identity of the sender or fail to provide a valid opt-out address. The sender must also include the eCommerce information required under the Law on Electronic Commerce (ECG) of 16 April 2003 (name, address, contact details, commercial register number, supervisory authority, VAT number etc.).
Conditions for direct marketing by telephone to individual subscribers (excludes automated calls)
The rules of the KomG also apply to direct marketing by telephone (voice calls or SMS).
Consent or a reasonable expectation of the recipient is required. Contact data voluntarily provided by the customer (e.g. in an order or advertising list) may be used unless consent is later withdrawn. Data from public directories may be used if the person has not objected to advertising use.
It is permissible to send a single SMS/fax to request consent for further marketing (subject to clear information on the right to object/revoke). Additional content requirements apply (clear identification of sender, valid contact details, descriptive header).
Direct advertising is prohibited if the contact data was not lawfully obtained, if the recipient has refused (or the sender should have known of the refusal), or if it otherwise violates Liechtenstein law.
Liechtenstein has also implemented the Distance Selling Act (which transposes Directive 2011/83/EU on consumer rights). Under this Act, direct marketing calls are only permitted where it is obvious that the customer would not object (particularly in the context of initiating or concluding a contract).
Conditions for direct marketing by telephone to corporate subscribers (excludes automated calls)
The same provisions apply.
Exemptions and other issues
See above (identical rules for individuals and corporates under the KomG).
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