The EU finds agreement on data protection reform: Formalization in early 2016 and entering into effect in 2018

eu-dataOn December 15, 2015, the EU Commission announced that it found an agreement with the EU Council and the Parliament, following the trilogue meetings.

Věra Jourová, Commissioner for Justice, Consumers and Gender Equality said, ” Citizens and businesses will profit from clear rules that are fit for the digital age, that give strong protection and at the same time create opportunities and encourage innovation in a European Digital Single Market.”

As anticipated (see here), the data protection reform will consist of (i) a General Data Protection Regulation that will enable people and business to better control and use personal data, and (ii) a Data Protection Directive for the criminal justice sector facilitating cross-border cooperation.

The reform will allow citizens to have (i) easier access to personal data; (ii) right to data portability; (iii) “right to be forgotten”; and (iv) the right to know when their data have been hacked (data breach law)

Also businesses will benefit from these clear modern rules, because there will be: (i) a single set of rules (one continent, one law); (ii) one supervisory authority (one-stop-shop); (iii) European rules on European soil; (iv) obligations tailored to the respective risks (risk-based approach).

“The final texts will be formally adopted by the European Parliament and Council at the beginning 2016. The new rules will become applicable two years thereafter”. As of now, an analysis of the final compromise text is available at…

Press release Agreement on Commission’s EU data protection reform will boost Digital Single Market is available at…   Open PDF

For more information, Francesca Giannoni-Crystal

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