Legislative Framework - The GDPR

5 important questions on Legislative Framework - The GDPR

How is the GDPR seen by the commission?

As an essential step to strengthen citizens' fundamental rights and simplifying rules for companies

What is different with the Directive with regards to structure?

The GDPR is much longer, compromises 173 recitals and 99 articles.

What are main changes in the GDPR compared with the Directive?

  1. Application of law - applicable across all member states of the EU
  2. Applicability for businesses not established in the EU
  3. Putting individuals in control of their data
  4. New and stronger rights for individuals
  5. A new accountability regime
  6. New obligations for data processors - a processor is not allowed to subcontract a service without consent from the controller
  7. International data transfers
  8. Security
  9. Enforcement and the risk of noncompliance
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What is the high-level aim of the 2017 ePrivacy Regulation?

  • Harmonize the specific framework relating to electronic communications in the EU
  • Ensure consistency with the GDPR

What are the key features of the 2017 ePrivacy Regulation?

  1. wider application - all providers of e-communication
  2. single set of rules in EU
  3. confidentiality of e-communication
  4. consent required to process comms content and metadata
  5. new business opportunities - once consent is given, traditional providers could have more opportunities - e.g. Meta data - heat maps
  6. revised rules on cookies: users get an overload of consent requests under the directive - users should be more in control of their settings
  7. protection against spam
  8. enforcement - DPA - noncompliance fines similar to GDPR

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