The Law
Data Protection Law
How your personal data is protected today
Your personal data is safeguarded today not only by the solid framework of Europe’s Data Protection Directive, but also by many others, including the e-Privacy Directive, its amending directive. Additional safeguards for data transfers apply through e.g. European Model Clauses and the Safe Harbour agreement. But many provisions of these existing rules are not being enforced properly. Some people feel that they lack protection or that the legislation is out of date.

In fact, the principles and requirements of the existing law are as valid today as they were in 1995. They continue to guarantee your fundamental rights while the vast majority of organisations involved in data processing have adapted their roles and responsibilities to keep up, not only with technological developments, but also with your needs and expectations.

Just last year, the European Court of Justice established the “right to be forgotten” on the basis of the existing law. The ruling insists on applying a case-by-case assessment, judging that neither the right to the protection of personal data nor the right to freedom of expression are absolute: a fair balance needs to be found.

We believe the new legislation proposed by the European Commission in 2012 must follow this balanced approach. Any new law should remain based on principles rather than introducing overly detailed rules, which are unlikely to bear the test of time as practices and technologies evolve fast.

Instead of considering all processing of personal data an issue, the law should focus on protecting people from real risks to their privacy.

The principle-based, risk-based, and technology neutral approach has been regarded as a model internationally and we feel strongly that it should be preserved. This is the only way to provide meaningful safeguards for your personal data that can be understood and enforced in any context, now and in the future.

What is being proposed?
Data protection reform timetable
1st Trilogue
Draft Agenda:
  1. Agreement on the overall roadmap
  2. General method and approach for delegated and implementing acts
2nd Trilogue
Draft Agenda:
  1. Art. 3 - Territorial scope
  2. Chapter V - International Transfers NEW
15/10 & 28/10
5th Trilogue & 6th Trilogue
Draft Agenda:
  1. Chapter VI - Independent Supervisory Authorities
  2. Chapter VII - Cooperation and consistency
  3. Chapter VIII - Remedies, Liability and Sanctions
11-12/11 & 25/11
7th Trilogue
Draft Agenda:
  1. Chapter I - Objectives and material scope
  2. Chapter IX - Specific regimes
9th Trilogue
Draft Agenda:
  1. Chapter X - Delegated and implementing acts
  2. Chapter XI - Final provisions
  3. Remaining issues
Act now !