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EU data protection law - sanctions get serious, governance grows up and individuals can erase their online past lives

Overview

On 25 January 2012, the European Commission released its long awaited proposals to revise the 1995 EU Data Protection Directive. The draft law takes the form of a Regulation and signifies a major reform of the general data protection law, which has been under review for the last few years.


If adopted substantially in its current form, the Regulation represents a comprehensive revision and strengthening of data protection laws in the EU, which are already generally considered to be the most stringent in the world.


In this briefing, Herbert Smith highlights some major aspects of the draft Regulation, including:



  • one set of rules;

  • single regulator - "one stop shop";

  • wider concept of personal data;

  • longer arm jurisdiction;

  • data security breaches - duty to report in 24 hours;

  • International Data Transfers;

  • consent;

  • the right to be forgotten;

  • greater internal governance burden; and

  • data processors.


Click 'View Briefing' to read on.

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