General Data Protection Regulation: Difference between revisions

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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 EU Data Protection RegulationDirective 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 ==
The proposed new EU data protection regime extends the scope of the EU data protection law to all foreign companies processing data of EU residents. It provides for a harmonization of the data protection regulations throughout the EU, thereby making it easier for non-European companies to comply with these regulations; however, this comes at the cost of a strict data protection compliance regime with severe penalties of up to 2 % of worldwide turnover. <ref>[1http://www.mlawgroup.de/news/publications/detail.php?we_objectID=227 "New draft European data protection regime"]. m law group. Retrieved 03 January 2013.</ref>
 
== Content ==
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* End of April 2013: Orientation vote in LIBE Committee
* from May 2013 on (depending on progress in the Council of Ministers) Negotiations between European Parliament, Council and Commission (Trilogue)
 
 
== Discussions & Challenges ==
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:* 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 upcoming 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 ==
<references />
[1] http://www.mlawgroup.de/news/publications/detail.php?we_objectID=227 (accessed January 2013)
[2] http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf (accessed January 2013)
[3] http://www.janalbrecht.eu/themen/datenschutz-und-netzpolitik.html (accessed January 2013)
[4] https://www.privacyassociation.org/media/presentations/A12_EU_DP_Regulation_PPT.pdf (accessed January 2013)