EU Council Approves General Data Protection Regulation

    Apr 13, 2016

    The Council of the European Union (Council) on April 8 formally approved the EU General Data Protection Regulation, which is intended to replace the 1995 Data Protection Directive. The directive seeks to regulate commercial data processing in the EU by, among other things, placing more obligations on data controllers, strengthening enforcement, imposing EU rules on the processing of the data of EU citizens outside of the EU, and providing new rights for data subjects. The European Parliament is expected to provide final adoption of the text of the Directive on April 14.

    Prior to its adoption, the Council on March 17 published a Draft Statement reflecting the Council’s position on the directive. The key issues addressed in the statement include the scope of the directive; principles relating to personal data processing; lawfulness of data processing; empowerment of data subjects; responsibility and liability of data controllers or processors; transfer of personal data to third-party countries or international organizations; the role of supervisory authorities; regulatory cooperation and consistency; and remedies, liabilities, and penalties.

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