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The European Commission plans to unify data protection within the European Union (EU) with a single law, the General Data Protection Regulation (GDPR). The current [[Data Protection Directive|EU Data Protection Directive 95/46/EC]] does not consider important aspects like globalization and technological developments like social networks and cloud computing sufficiently and new guidelines for data protection and privacy were required. Therefore a proposal for the regulation has been released on 25 January 2012. The adoption is aimed for in 2014 and the regulation is planned to take effect in 2016 after a transition period of 2 years. Discussions regarding specific contents are still ongoing.
== Summary ==
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The notice requirements remain and are expanded. They must include the retention time for personal data and contact information for data controller and data protection officer has to be provided.
[[Privacy by Design|'''Privacy by Design''']] and by Default (Article 23) require that data protection is designed into the development of business processes for products and services
privacy settings are set at a high level by default.
'''Data Protection Impact Assessments''' (Article 33) have to be conducted when specific risks occur to the rights and freedoms of data subjects. Risk assessment and mitigation is required and an prior approval of the DPA for high risks. '''Data Protection Officers''' (Articles 35-37) are to ensure compliance within organizations. They have to be appointed for all public authorities and for enterprises with more than 250 employees.
=== Consent ===
Valid consent must be explicit for data collected and purposes data used (Article 7; defined in Article 4). Consent for children under 13 must be given by child’s parent or custodian, and should be verifiable (Article 8). Data controllers must be able to prove “consent” (opt-in) and consent may be withdrawn. <ref name="privacyassociation">[https://www.privacyassociation.org/media/presentations/A12_EU_DP_Regulation_PPT.pdf "How the Proposed EU Data Protection Regulation Is Creating a Ripple Effect Worldwide"]. Judy Schmitt, Florian Stahl. 11 October 2012. Retrieved 03 January 2013.</ref>
=== Data breaches ===
The data controller has to notify the DPA without undue delay and, where feasible, not later than 24 hours after having become aware of the data breach (Article 31). Individuals have to be notified if adverse impact is determined (Article 32).
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* Up to €250K or up to 0.5% of the annual global sales for intentionally or negligently not responding to requests by the data subject or the DPA,
* Up to €500K or up to 1% of annual global sales for intentionally or negligently not complying with GDPR
* Up to €1,000K or up to 2% of annual global sales for intentionally or negligently not complying with specific GDPR regulations
=== Right to be Forgotten ===
Personal data has to be deleted when the individual withdraws consent or the data is no longer necessary and there is no legitimate reason for an organization to keep it. (Article 17)
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== Discussion & Challenges ==
The proposal for the new regulation is not final yet and discussed controversially. The single set of rules and the removal of administrative requirements are supposed to save money. But critics point out some issues
* The requirement to have a Data Protection Officer (DPO) in companies with more than 250 employees is new for many EU countries and criticized by some for its administrative burden. For other countries like Germany this is lowering the level of data protection since there is already a requirement for a DPO in smaller companies (in Germany > 9 employees).
* The breach notification to the authorities within 24 hours is considered very ambitious.
* The GDPR was developed with a focus on social networks and cloud providers, but did not consider requirements for handling employee data sufficiently.
* Data Portability is not seen as a key aspect for data protection, but more a functional requirement for social networks and cloud providers.
* Language and staffing challenges for the Data Protection Authorities (DPA):
:- Non-European companies might prefer the UK / Irish DPA because of the English language. This will require extensive resources in those countries.
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:- The European Commission and DPAs have to provide sufficient resources and power to enforce the implementation and a unique level of data protection has to be agreed upon by all European DPAs since a different interpretation of the regulation might still lead to different levels of privacy.
:- The implementation of the EU GDPR will require comprehensive changes of business practices for companies that did not implement a comparable level of privacy until now (especially non-European companies handling EU personal data).
:- There is already a lack of privacy experts and knowledge as of today and new requirements might worsen the situation. Therefore education in data protection and privacy will be a critical factor for the success of the GDPR.
== Change Management ==
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<references />
== External
[http://ec.europa.eu/justice/data-protection/index_en.htm EU Data Protection page]<br />
[http://www.computerweekly.com/opinion/Proposed-EU-Data-Protection-Regulation-what-should-companies-be-thinking-about How to prepare for proposed EU data protection regulation (Computerweekly)]
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