The NMHH performs the tasks related to the data erasure application pursuant to Government Decree No. 726/2020 (XII. 31.) (hereinafter referred to as the “Decree”) on the determination of procedural rules related to the provision of an application enabling data to be made permanently inaccessible.
The data erasure service can be activated by means of a data erasure code provided to consumers by the trader, the operator of the online marketplace and the operator of the program with online invoicing functionality (hereinafter collectively referred to as the “trader”).
Traders will have to claim data erasure codes from the National Tax and Customs Administration (NAV) electronically by filling in a form. Traders shall provide the data erasure codes to consumers purchasing a durable media device free of charge.
Data erasure codes are provided to consumers by being recorded on the invoice or receipt, or in the notification of the conclusion of the sales contract and/or by other means (in particular on paper). One data erasure code allows you to erase data from a single durable media device once.
If the consumer did not receive a data erasure code from the trader when purchasing a durable media device, they can claim one from the NMHH for purchases made after 1 December 2021 by sending the original or a copy of the purchase receipt or the notification of the conclusion of the sales contract.
The consumer can activate the data erasure application with the data erasure code, within two weeks of receipt, following the data provision to the NAV by the trader pursuant to Section 9(3) of the Decree.
In order to provide information on the use of the application, the Authority has created the veglegestorles.hu website.
The following is available on the website from the day the service starts:
- clear, user-friendly, accessible user guide and terms of use for using the application,
- a detailed list of devices that can be erased with the data erasure application,
- information on the contact details for customer services related to the use of the service,
- use of the data eraser application.
To use the data erasure service, traders initially provided consumers with a paper label – a sticker containing a data erasure code.
The labels were phased out after 31 December 2023, so from 1 January 2024 traders can only provide consumers with an electronic data erasure code, which will not affect the usability of data erasure codes on labels previously issued between 1 December 2021 and 31 December 2023.
The labels not issued by 31 December 2023 may only be transferred by the NMHH (until 30 November 2026) on the basis of Section 14(4) of the Decree, for the purpose of promoting educational and awareness-raising activities related to the protection of personal data and raising consumer awareness of the protection of personal data.
Information for traders
From 15 December 2022, traders have to claim data erasure codes from the NAV electronically by filling in a form.[1]
Information on the changes to the data erasure code regulation from 21 August 2024 can be found on the NAV website.[2]
For cross-border online marketplace operators, the relevant notice on the specific procedure for the erasure codes that they provide to consumers is available at the NAV website.[3]
The consumer protection authority monitors whether traders properly hand over erasure codes to consumers, keep records in compliance with the provisions, and fulfil their obligations to inform consumers.
Custom tariff headings
Information required for maintaining the label registry.
The NMHH shall determine the grouping of the relevant durable media devices according to customs tariff headings in cooperation with the National Tax and Customs Administration (NAV) and publish it on this subpage.
| Product name | Established tariff heading |
|---|---|
| laptop computer with keyboard (laptop, notebook) | 8471 |
| laptop computer with touch screen (tablet) | 8471 |
| desktop configuration, workstation (desktop, PC) | 8471 |
| built-in, non-volatile data storage (HDD, SSD, NVME) | 8471 |
| external non-volatile storage (HDD, SSD) | 8471 |
| USB flash drive | 8523 |
| mobile phone with touch screen | 8517 |
Scope of durable media devices
- Android or iOS devices, or
- permanent storage devices based on the principle of magnetic or static electrical (FLASH) storage, operated as stand-alone units or as part of other IT hardware devices (e.g. personal computer, notebook, server, etc.), which can be serviced, removed by the user, for example hard disk drive (HDD), solid-state drive (SSD) or pendrive (flash memory with USB or other connection).
The device you want to delete must be connected to the deleting computer in one of the following ways:
- USB,
- SATA and its various versions,
- SAS.
The device you want to delete must not use hardware encryption or access control that restricts access to the data.
Frequently Asked Questions (traders)
Questions related to providing data erasure codes to consumers
How to claim a data erasure code from the NAV?
From 15 December 2022, traders must claim data erasure codes electronically by filling in the SORSZIG form[4], which allows 100,000 data erasure codes to be requested at a time. A trader may submit several SORSZIG forms at the same time.
The rules for requesting and providing data erasure codes have changed. Where can I get the information on this?
The notice is available on the NAV website[5].
What procedures apply to cross-border online market operators?
For cross-border online marketplace operators, information on the specific procedure for the erasure codes they provide to consumers is available at the NAV website[6].
For which devices do I need to provide data erasure codes?
For the durable media devices supported by the data erasure application: Range of durable media devices.
What do I need to know about the proof of delivery data erasure codes?
When a durable media device is purchased, the trader is obliged to provide the consumer with a data erasure code, but there is no such right or obligation in the case of a transfer for any other reason or legal title.
According to Section 3(1) of the Decree, by handing over the data erasure code, the consumer becomes a user entitled to use the data erasure application and the data erasure code becomes their property. From then on, the data erasure code does not share the legal fate of the product.
What to do about data erasure codes in the event of withdrawal from sale, device replacement or change of ownership?
The Decree does not address the issue of withdrawal in relation to data erasure codes, nor does it discuss that the consumer would be obliged to return the erasure code as well in case of withdrawal from the sale, so the trader cannot oblige the consumer to do so.
When the durable media device is purchased, the trader must provide the consumer with a data erasure code. If it is provided for any other reason – under any other legal title – there is no such right or obligation.
According to Section 3(1) of the Decree, by handing over the data erasure code, the consumer becomes a user entitled to use the data erasure application and the data erasure code becomes their property. From then on, the data erasure code does not share the legal fate of the product. If the product is replaced or there is a withdrawal from the sale, this does not mean that the consumer has to return the data erasure code to the trader.
What happens if the consumer loses, discards or cannot find the label or the data erasure code?
AThe label or the data erasure code provides the consumer with the possibility to use a service, so, like a purchased ticket or pass, the label or the data erasure code must be kept until the actual use. If someone loses or discards the label or the data erasure code, it can be used by the person who finds it. If the consumer has not lost the label or the data erasure code but cannot find it, they will not be able to use the data erasure application. The trader cannot replace a lost, discarded or missing label or data erasure code.
How should I report the data due for data erasure codes?
Determining the detailed rules for data provision is the responsibility of the NAV. For related questions, please contact the NAV.
Who is responsible for the transfer of the code if the trader carries out their activity using an online marketplace and issues the accounting document recording the sale using an online invoicing program?
If the trader carries out their activity using an online marketplace and issues the accounting document recording the sale using an online invoicing program, the operator of the online invoicing program is primarily responsible for the transfer of the code and may be exempted from this obligation only for specific reasons. The online market operator shall provide the erasure code in the notification of the sale of the durable media device to the consumer if the trader carries out their activity using an online marketplace and does not use an online invoicing software, provided that the trader informs the online market operator that the object of the sale is a durable media device. To avoid duplications, it is advisable to inform the online market operator that the trader uses an online invoicing program, so that the responsibility for the transmission of the data erasure code lies with the invoicing program operator.
Section 8(8) of the Decree is intended to provide for the possibility where the trader insists on providing the erasure code themselves. This must be confirmed by the trader’s explicit declaration to the NAV, which can be made as part of the trader’s application for a data erasure code, so that an agreement can be reached between the online marketplace operator and the trader.
What should be done with previously requested but unused data erasure codes by a trader using an online invoicing program or an online marketplace?
Data erasure codes that have been requested but not used cannot be returned to the NAV. A register of the erasure codes not yet provided to consumers must be kept. The form and detailed content of the register is not regulated. It is essential that the management of the data erasure codes can be verified and tracked afterwards, so that it is possible to identify exactly which data erasure codes were requested, when they were requested and which of the requested codes were not given to the consumer.
Claiming a data eraser code
When purchasing a durable media device pursuant to Government Decree No. 726/2020 (XII. 31.) on the determination of procedural rules related to the provision of an application enabling data to be made permanently inaccessible (hereinafter referred to as the “Decree”), the trader, the operator of the online marketplace and the operator of the program with online invoicing functionality (hereinafter collectively referred to as the “trader”) is obliged to provide a data erasure code at the time of purchase.
„Section 8 (1) The free transfer of the data erasure code to the consumer shall be done
Government Decree No. 726/2020 (XII. 31.)
(a) by recording it on an accounting document proving that the purchase has been made,
b) simultaneously with the handing over of the accounting document by any other means, in particular on paper
or
c) by recording it in the notification of the conclusion of the contract of sale pursuant to paragraph (3).”
If the trader did not provide a data erasure code during the purchase, consumers can claim one from the NMHH as of 1 January 2023, pursuant to Section 9/A of the Decree, by sending in the original receipt of the purchase or a copy of it, or the notification of the conclusion of the sales contract.
To claim a data erasure code, we recommend sending a scanned or paper version of the claim form below. Please fill in the information requested on the claim form accurately, and a data erasure code will be sent to the email address provided therein.
You can submit your claim to the NMHH:
- by using the e-paper service selecting the topic “Other matters of the National Media and Infocommunications Authority”
- by electronic mail to info@nmhh.hu. (If you do not send your claim by filling in the claim form, please make sure to include the information requested on the claim form and do not forget to attach the receipt.)
- by fax to (+36 1) 468 0680;
- or by post to the address below:
National Media and Infocommunications Authority
Pf. 997, Budapest, 1376, Hungary