EU Happy Holiday Present: The GDPR

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On December 15, the EU Commission, Parliament and the EU Council reached an agreement, via the “trilogue” meetings on EU data protection reform.  The reform consists of two legal instruments:

  • The General Data Protection Regulation (GDPR)
  • The Data Protection Directive for the police and criminal justice sector

One of the huge advantages of the GDPR is that it will introduce a harmonized legal framework across the entire EU, replacing a patchwork of national implementation of the Directive 95/46, which had resulted in requirements that varied from country to country.

The other advantages quoted by the EU Commission are, among others:

  • For citizens: easier access to your own data, a right to data portability, a clarified “right to be forgotten,” the right to be informed in the event of a data breach
  • For businesses: one-stop-shop, European rules on European soil, risk-based approach

In principle, the final GDPR will be formally adopted by the European Parliament and Council in the beginning of 2016 and will then enter into force two years thereafter.

 Leaked version of the GDPR

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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