MacRoberts IP Technology & Commercial Update 25/01/12 (2)

"UNLEASHING THE POTENTIAL OF THE DIGITAL SINGLE MARKET":
Commission Unveils Plans For Reform Of EU Data Protection Law

Today the European Commission has put forward its proposals on an extensive reform of the European Union's data protection rules which date back to 1995. The object of the proposed change is to bolster the privacy of the online community throughout Europe and to enhance the European digital economy.

The 1995 Data Protection Directive was introduced in a variety of different ways across the 27 Member States - this led to a disparity in the approach to data protection within Europe. In its announcement the Commission indicated that a single standard for the whole of the EU would be introduced to ensure harmonisation and help to restore the confidence of users.

According to EU Justice Commissioner Viviane Reding: "The protection of personal data is a fundamental right for all Europeans, but citizens do not always feel in full control of their personal data." Reding went on to suggest that the proposals "will help build trust in online services because people will be better informed about their rights and in more control of their information."

The Commission's proposals featured a policy Communication with an overview of the
Commission's plans as well as two forms of proposed legislation: a Regulation which will establish a structure for EU data protection and a Directive which will cover protection of personal information in relation to the prevention, detection, investigation or prosecution of criminal offences and judicial conduct.

The key elements of the new system include a single body of rules for the EU, an obligation to notify the appropriate national supervisory authority of serious data breaches (within 24 hours where possible) and a "right to be forgotten." (Please see MacRoberts recent e-update for further discussion of this).

The overhaul of the current EU data protection framework is expected to lead to "a strong clear and uniform legal framework at EU level." Reding anticipates that this "will help to unleash the potential of the Digital Single Market and foster economic growth, innovation and job creation."

The Commission's proposals must now go to the European Parliament and the EU Member Sates
for approval. It is expected that they will be in force two years post- adoption.

Click here to read the Communication issued by the Commission. 

For further information, please contact David Flint or Valerie Surgenor on 0141 303 1100.

© MacRoberts 2012

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