EU General Data Protection Regulation
Weidema van Tol addresses the new regulation 2016/679 on the protection of data with regard to the processing of personal data.
By repealing Directive 95/46/EC (“Directive”), the Regulation is expected to introduce a single set of rules within the EU - directly applicable in all member states without the need for implementing national legislation - and a one-stop-shop and technology neutral mechanism, which combined effect should cause the removal of the currently existing bureaucratic and cost-increasing barriers to free cross-border circulation of Data and, consequently, to the free movement of goods and services. Based on the fragmentation in the implementation of data protection across the EU under the Directive, now specific provisions shall be introduced to ensure a consistent and high level protection of natural persons throughout the EU: (i) enhancement of the effective control by individuals over their Data (including required consent, data portability, right to be forgotten), (ii) establishment of a national data protection authority in each Member State (“DPA”), and (iii) application of the Regulation to data controllers and processors both within the EU and outside the EU, all of which will strengthen enforcement of the rules and streamline transfers of Data within the EU and outside to facilitate global trade.
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