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EU Commission proposes new strategy on data protection in the EU

December 2, 2010

The European Commission has proposed a new strategy on how to protect individual’s data which is expected to lead to the proposal of new data protection legislation in 2011. In its strategy document, the Commission acknowledged the rapid technological developments and globalisation which have occurred since the 1995 Data Protection Directive came into force. In addition, under the Lisbon Treaty, the EU Charter of Fundamental Rights has become legally binding and Article 8 of the Charter expressly recognises an autonomous right to the protection of personal data.

The Commission has put forward a number of key objectives:

  • Strengthening individuals’ rights in light of modern technologies.
  • Enhancing the single market dimension, i.e. harmonising the various data protection rules in Member States.
  • Revising the data protection rules in the area of police and criminal justice.
  • Ensuring high levels of protection for data transferred outside the EU.
  • More effective enforcement of the rules.

The proposals are presented in a high level manner, but there are a number of proposed reforms which are likely to have a significant impact on companies operating in the EU if they are adopted into the final legislation. Examples of these include reforms regarding the manner in which information is collected online and enhanced remedies and sanctions for data protection breaches.

The Commission is calling on the public to comment on the proposals contained in the strategy before 15 January 2011. Submissions can be made on the Commission’s public consultation site. Once the consultation period finishes, the Commission hopes to present proposals for new data protection legislation in 2011, following consultation with the European Parliament and the Council.

For further information please contact David Cullen or John Magee of our Technology department