EU Compliance Requirements - GDPR and UK's Mandates
European Commission publishes new data protection
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The European Commission has released details of its proposed changes to European Union data protection laws. These will update the existing data protection rules, which have been in place since 1995.
Key changes proposed by the European Commission include:
- A single set of rules on data protection, valid across the EU.
- ‘Unnecessary administrative requirements' will be removed.
- Increased responsibility and accountability for those processing personal data. For example, companies and organizations must notify the national supervisory authority of serious data breaches as soon as possible (if feasible within 24 hours).
- Organizations will only have to deal with a single national data protection authority in the EU country where they have their main establishment.
- Wherever consent is required for data to be processed, permission must be given explicitly, rather than assumed.
- People will have easier access to their own data and be able to transfer personal data from one service provider to another more easily (right to data portability).
- A ‘right to be forgotten' will help people better manage data protection risks online: people will be able to delete their data if there are no legitimate grounds for retaining it.
- EU rules must apply if personal data is handled abroad by companies that are active in the EU market and offer their services to EU citizens.
- Independent national data protection authorities will be strengthened so they can better enforce the EU rules at home. They will be empowered to fine companies that violate EU data protection rules. This can lead to penalties of up to €1 million or up to 2 percent of the global annual turnover of a company.
- A new Directive will apply general data protection principles and rules for police and judicial cooperation in criminal matters. The rules will apply to both domestic and cross-border transfers of data.
The Commission's proposals will now be passed on to the European Parliament and EU Member States (meeting in the Council of Ministers) for discussion. They will take effect two years after they have been adopted.
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