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PAe - the european commission published a guide on the upcoming data protection standards
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The European Commission published a guide on the upcoming data protection standards

29 january 2018

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The European Commission published a guide to facilitate a direct implementation of the new rules for the protection of data across the eu as of 25 may.

With little more than 100 days before the implementation of the new law, Guide (Opens in new window) describes what the european commission, the national data protection authorities and national administrations should continue to make the preparation will be successfully completed.

On 6 april 2016, the eu agreed a major reform of its data protection framework through the adoption of the package of reform in the same. The General Rules on data protection (GDPR) (Opens in new window) replace the Directive of twenty years ago (Opens in new window) on 25 may and will be applicable at eu level two years after its adoption and entry into force.

In january 2017, the commission proposed to align the rules for electronic communications ( ePrivacy (Opens in new window) ) with the new world class standards of the general rules of eu data protection. In september 2017, the commission proposed a new set of rules governing the free flow of personal data is not in the eu. Together with the existing rules for personal data, the new measures (Opens in new window) will the storage and processing of personal data throughout the union, in order to boost the competitiveness of european companies and modernise public services. Both proposals must be agreed by the european parliament and the member states.

While the new regulation establishes a single set of rules directly applicable in all member states, still require significant adjustments in certain areas, as the revision of existing laws by eu governments or the creation of the european council on the protection of data by the data protection authorities. The guide recalled the main innovations, opportunities opened up by the new rules, a review of the preparatory work already undertaken and describes the work still ahead of the european commission, the national data protection authorities and national administrations.

The Guide (Opens in new window) recalls the main elements of the new data protection rules:

  • A set of rules across the continent, which guarantees legal certainty for companies and the same level of data protection throughout the eu for citizens.
  • The same rules apply to all companies that provide services in the eu, even if these companies based outside the eu.
  • Stronger rights and for citizens: the right to information, access and the right to oblivion mutually. A new right to portability of data allows citizens to move your data of a company to another. This will give companies new business opportunities.
  • Stronger protection against violations of data: a company that suffers from a violation of data, which puts people at risk, must notify the data protection authority within 72 hours.
  • Rules with dissuasive penalties and fines: all data protection authorities will have the power to impose fines up to 20 million euros, or in the case of a corporation, 4 per cent of annual turnover throughout the world.

Since may 2018, supervising the way in which member states implement the new rules and take appropriate action when necessary. One year after the entry into force of the rules of procedure (2019), the commission will hold an event to assess the experiences of various stakeholders in the implementation of the rules of procedure. This will also be included in the report that the commission must present before may 2020 on the evaluation and revision of the rules of procedure.

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