GDPR: Agreed & Soon To Be Delivered

The European Commission has announced that the European institutions consisting of representatives from all 28 member states have agreed on the text that will form the new General Data Protection Regulation.

We have previously reported on the forthcoming changes, which can be accessed here. While the text of the General Data Protection Regulation is being translated into a number of European languages, the Commission has indicated that the reforms will put an end to the patchwork of data protection rules across Europe and instead ensure the same data protection rights across Europe.

Some of the forthcoming changes include:

  • Enhanced rights for data subject – which includes easier access, right to data portability, clarified “right to be forgotten” and the right to be informed when your data has been hacked;
  • Clearer and modern rules for business – which includes a single set of rules for all businesses who sell goods or services to European consumers, one stop shop for supervision, a risk based approach to avoid burdensome obligations and rules which encourage innovation such as data protection by design and privacy friendly techniques; and
  • Reducing red tape for SMEs – this includes scrapping notifications, being able to charge a fee for access where requests for access are unfounded or excessive, exemption from having a Data Protection Officer if data processing is not a core business activity and no obligation to carry out impact assessment unless there is a high risk.

The final text of the GDPR is due to be adopted by the European Parliament and the Council at the beginning of 2016 and the rules will be applicable two years thereafter. This means that by 2018 there will be key changes to the Data Protection Act 1998, which will be directly applicable. At this stage it is not clear whether the Government will amend the current law but in light of some of the changes it is likely to do so, which ease implementation.

We will provide further updates on the content of the GDPR once it is adopted and provide tools to enable your business or organisation to consider the changes you may need to make due to the GDPR. Please refer back to our blog for further information.

If you have any questions in relation to this change or would like assistance with any data protection issue, please contact Daniel Milnes.

Nat Avdiu

About Nat Avdiu

Nat Avdiu is a Paralegal in the Contracts and Projects team at Forbes Solicitors. Nat provides updates for clients on a range of issues including: governance, data protection and freedom of information, procurement and charity law.
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