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BackThe target is ambitious. The EU Commission plans to reform the more than 15-year old rules on data protection with far-reaching proposals. The aim is to create common regulations at EU level. The hope at the same time is that this move will give new impetus to growth, jobs and innovations in Europe. The proposed legislation gives the impression of having been thoroughly thought through. However, whether it will work in practice, remains to be seen.
Reding sees a threat to the fundamental right in respect of the protection of personal data
This week, Viviane Reding, EU Commissioner for Justice and Vice President of the European Commission, presented the data protection package at a press conference. She commented that many EU citizens felt that the protection of their personal data was not always sufficiently guaranteed. This was a threat to the fundamental right of all Europeans. The proposal for a Regulation to protect individuals with regard to the processing of personal data and a proposal for a Directive to protect individuals with regard to the processing of personal data by the competent authorities for the purpose of preventing, disclosing, examining or pursing criminal offences or for the purpose of execution of a sentence, shall now remedy the situation.
Processing personal data of employees is subject to the rules of the Regulation
A sensitive, but important issue concerns the processing of personal data of employees. The Regulation deals with this issue. One article sets out that the “Member States within the limits of this Regulation adopt by law specific rules for the processing of personal data in the employment sector” among others for the purpose of recruitment, fulfilment of the employment contract, including the fulfilment of obligations laid down by law or collective agreement. However, it needs an in-depth analysis of the 140 page long draft proposal to be able to get an idea what kind of impact this could have on employees.
New regulations will not come into force before 2016
It remains to be seen how much will in the end remain of the proposals of the EU Commission, because now the ball is in the corner of the EU Parliament and the Council. It is not expected that the regulations will come into force before 2016, given the fact that the average time for negotiations is two years with an additional two years for implementation.
Further Information:
Press release of the EU Commission on the new data protection package
This week, Viviane Reding, EU Commissioner for Justice and Vice President of the European Commission, presented the data protection package at a press conference. She commented that many EU citizens felt that the protection of their personal data was not always sufficiently guaranteed. This was a threat to the fundamental right of all Europeans. The proposal for a Regulation to protect individuals with regard to the processing of personal data and a proposal for a Directive to protect individuals with regard to the processing of personal data by the competent authorities for the purpose of preventing, disclosing, examining or pursing criminal offences or for the purpose of execution of a sentence, shall now remedy the situation.
Processing personal data of employees is subject to the rules of the Regulation
A sensitive, but important issue concerns the processing of personal data of employees. The Regulation deals with this issue. One article sets out that the “Member States within the limits of this Regulation adopt by law specific rules for the processing of personal data in the employment sector” among others for the purpose of recruitment, fulfilment of the employment contract, including the fulfilment of obligations laid down by law or collective agreement. However, it needs an in-depth analysis of the 140 page long draft proposal to be able to get an idea what kind of impact this could have on employees.
New regulations will not come into force before 2016
It remains to be seen how much will in the end remain of the proposals of the EU Commission, because now the ball is in the corner of the EU Parliament and the Council. It is not expected that the regulations will come into force before 2016, given the fact that the average time for negotiations is two years with an additional two years for implementation.
Further Information:
Press release of the EU Commission on the new data protection package