Update on EU Data Protection Regulation: One-Stop-Shop and General Principles

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16 March, 2015

Last week, the EU Justice Council discussed the latest draft of the General European Data Protection Regulation, which aims to set out a general framework for data protection, replacing the current Data Protection Directive 95/46/EC/. During the meeting, Member States reached a partial general approach on the “one stop shop” mechanism and the principles for the protection of personal data.

To date, the Council has reached agreement on five elements of the proposed regulation. The Council previously agreed on the provisions regarding the public sector, Chapter IV of the proposal and territorial scope. Last week, partial agreement has been reached on the One-Stop-Shop mechanism (Chapters VI en VII) and basic principles (Chapter II) as well.

The “One stop shop” mechanism aims to create consistency of decisions from supervisory authorities across Member States, provide legal certainty and reduce the administrative burden for undertakings. During last week’s Council meeting, the Council reduced the scope of the one-stop-shop mechanism to those cases with important cross-border effects.

With regards to general principles, the Council has endorsed a set of principles for “lawful, fair and transparent data processing”. Special emphasis is laid down on the principles for processing special categories of personal data and the principles of consent have been worked out.

To read the entire Council statement, click here.

The following chart shows the progress of the European Data Protection Regulation.

For more information on the impact of these changes for your organisation, contact Considerati’s privacy experts.

 

Jonathan Toornstra

Legal researcher

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