The European Parliament has recently adopted new data protection rules which aim at enabling citizens to further control their personal data. The EU General Data Protection Regulation will enter into force 20 days after being published in the Official Journal of the EU, following which, the provisions will apply to the Member States within 2 years.
The reform shall replace the 1995 Data Protection Directive which is now seen as outdated as it came into force during the advent of the internet.
The new Regulation takes into account today’s digitalised world of social medial, internet banking and global transfers, while at the same time, enforcing consumer rights which rights the EU has always been very adamant on.
The new rules include provisions on:
the right to be forgotten;
“clear and affirmative consent” to the processing of private data by the person concerned;
the right to transfer your data to another service provider;
the right to know when your data has been hacked;
ensuring that privacy policies are explained in clear and understandable language; and
stronger enforcement and fines of up to 4% of firms’ total worldwide annual turnover, as a deterrent to breaking the rules.
The data protection reform package consists also of a directive on the processing of data in matters relating to the prevention, investigation, detection or prosecution of criminal offences or enforcement of criminal penalties.
The directive seeks to replace a 2008 framework decision (2008/977/JHA) on cross-border data processing in police and judicial cooperation within the EU.
It shall be applicable to EU cross-boarder data transfers and will set out minimum standards for data processing related to policing purposes within Member States.
The protection of individuals is ensured by the setting out of rights and limitations of such transfers. This does not mean that effective cooperation among law enforcement authorities is hindered since the directive itself facilitates smoother and efficient transfer of personal data amongst authorities.
The provisions of this directive are to be transposed into national law of the Member States within 2 years.
