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The proposal for reform of the EU's privacy and data
protection laws look to be very ambitious and far reaching. Under
the proposals, the "patchwork" of data protection laws
and reporting requirements across Europe will be replaced with a
single set of rules for all 27 member states.
The proposal's centrepiece is a new draft General Data
Protection Regulation. The most controversial parts of the draft
regulation are the sanctions for regulatory breach. Although Member
States are to specify the exact rules for enforcement, the draft
Regulation states that maximum fines may be up to 2% of a
company's annual worldwide turnover. This will represent a step
change in the consequences of non-compliance.
Another significant change, affecting large employers, is that
they will be required to appoint data protection officers.
Organisations with more than 250 employees will have to designate a
data protection officer to ensure that they deal with the personal
information of staff and customers correctly.
The draft regulation will need to be approved by the EU Member
States and ratified by the European Parliament. It is expected that
it could take at least two years before the regulation is adopted.
However, given the wide-ranging nature of the regulation,
organisations should starting thinking now about how they will
comply with it.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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