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pablo97-ACC-DataProtection

Mark Webber and Leonie Power

As 2015 progresses it will be increasingly important for you to keep tabs on the progress of EU data protection and privacy reform. Europe’s Data Protection Directive (95/46/EC) (“the Directive”) is now more than 20 years old and, for some time now, the EU’s legislative bodies have been working on a replacement. The overall intent is to update but also to introduce greater harmonisation of these rules across EU Members States. In early June 2015 we learned that the Council of the EU has reached a “general approach” on Europe’s proposed General Data Protection Regulation (“the Regulation”), with the twin aims of enhancing Europeans’ data protection rights and increasing business opportunities in the Digital Single Market.

The Regulation remains subject to some significant negotiation and is unlikely to come into force until 2017 – 2018. If you represent any business touching upon personal data you should start considering the future rules and what they mean for your business not least as there are potentially some significant changes. Importantly, the new rules will be implemented by a legal act known as a “Regulation” which, under EU rules, would be “directly applicable” in all EU Members States. Effectively this means the Members States do not have to implement the rules into their national laws and they cannot delay or vary the rules coming into effect. The objective is a far more consistent set of rules applying to personal data across the EU.

 

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