Category Council of Ministers

May 29, 2020,  Council of Ministers, data protection, EU General Data Protection Regulation, European Commission, European Data Protection Supervisor, News, Thought Leadership  No comments

Having left the European Union (EU) on 31 January 2020, the UK is currently in a Brexit transition period that runs out on 31 December 2020. Whilst the other 27 Member States of the EU have been grappling with containing the Covid-19 pandemic, you could be forgiven for thinking these countries as well as the UK have taken their eyes off the ball when it comes to striking a Brexit deal.

If you think that to be the case, think again.

If the UK wants an extension, it will need to ask for this by 30 June 2020 and the European Commission has already indicated that in the circumstances this would be granted...

November 7, 2015,  Council of Ministers, Data Protection Act 1998, EU General Data Protection Regulation, European Commission, European Data Protection Supervisor, European Parliament, Martin Hickley, Thought Leadership  No comments

It’s not as easy as it looks, is it? And that goes for the differences between the Data Protection Act (DPA) 1998 and the forthcoming EU General Data Protection Regulation (GDPR) on course to gain consent from the European Commission, European Parliament and European Council of Ministers in early January2016.

That means it will be fully implemented at the end of 2017 after the 2-year transition period expires.

Once GDPR has achieved agreement, the Data Protection Directive 95/46/EC is repealed and the basis for the DPA 1998 has effectively been removed.

The legal position as to what happens during the transition period is still to be worked out but by far the safest course ...

September 24, 2015,  Council of Ministers, data protection, EU General Data Protection Regulation, European Commission, European Parliament, Legal update, News, Thought Leadership  No comments

This week the blogosphere went into overdrive with the news that the non-binding legal opinion of the Advocate General of the European Court of Justice claims that EU user data transferred to the US by various technology companies is a violation of current EU data protection and privacy laws.

Even before this opinion, the European Commission was already attempting to re-negotiate the Safe Harbor Agreement with the US...

September 9, 2015,  Council of Ministers, EU General Data Protection Regulation, European Commission, European Parliament, News  No comments

This morning (Wed 9 September 2015) European Commission President Jean-Claude Juncker has revealed the priorities in the business of the European Commission and this includes reform of Europe’s data protection and privacy laws against the backdrop of a connected single digital market.

Juncker indicated in his speech today as well as in an open letter to European Parliament, co-signed by Frans Timmermans, first Vice President of the European Commission that “over the next few weeks the Commission will engage actively with the European Parliament and the Council to take forward discussions on these issues.”

In a ten-point priority list, Juncker clearly signalled the refor...

July 29, 2015,  Council of Ministers, EU General Data Protection Regulation, European Commission, European Data Protection Supervisor, European Parliament, News  No comments

This week the EU’s independent privacy watchdog, the European Data Protection Supervisor (EDPS) has declared wide ranging support for the European Parliament’s version of the EU General Data Protection Regulation (GDPR) that’s the subject of trilogue negotiations between the European Commission, European Parliament and Council that may be concluded as early as end of October 2015.

However, a notable difference between the EDPS and the European Parliament’s view is the mandatory appointment by organisations and companies of a Data Protection Officer (DPO).

It’s worth noting that 35% of all EU Member States currently require the appointment of a DPO as a compulsory measur...

July 26, 2015,  Council of Ministers, data protection, EU General Data Protection Regulation, European Commission, European Parliament, News  No comments

For Working Party 29 (WP29), the role of the Data Protection Officer (DPO) under the forthcoming EU General Data Protection Regulation (GDPR) is the cornerstone of accountability as well as being a real tool of competitiveness for companies.

Tasked with the implementation of accountability tools that include the policies, procedures documentation, data protection impact assessments as well as internal training for all employees entrusted with handling customer data, the DPO is more like a ‘compliance orchestrator’ in much the same way as a conductor of a symphony orchestra, such as Parsee-born Zubin Mehta, conductor of the Israeli Philharmonic Orchestra.

In its advice not...

July 12, 2015,  Council of Ministers, EU General Data Protection Regulation, European Commission, European Parliament, Legal update  No comments

Companies and organisations that use data at the centre of their sales and marketing activities – and that’s just about everyone reading this blog – will be impacted by the forthcoming EU General Data Protection Regulation (GDPR).

Agreement between the European Parliament, Council of Ministers and European Commission now looks like a distinct possibility in November/December 2015 after which there’ll be a two-year transition period before sanctions begin to bite.

How the GDPR fits into an overall framework of changes within the European Union

EU Charter of Fundamental Rights

The Charter is an important development as it’s the first formal EU document to combine and d...

June 24, 2015,  Council of Ministers, data protection, EU General Data Protection Regulation, European Commission, European Parliament, Events  No comments

Speaking after the first Trilogue meeting today, Jan Philipp Albrecht, Rapporteur for the European Parliament said that agreement between the European Commission, Parliament and Council of Ministers may be achievable by the end of 2015 alongside the Data Protection Directive for law enforcement – the so-called EU Police Directive.

Speaking to reporters, Albrecht said: “The Trilogue (negotiations) today showed very clearly that agreement is feasible if all parties are open to compromise. All parties are committed to the timetable. The texts are actually a lot closer to each other now than we thought a few months ago.”

He was referring to the versions of GDPR that each si...

June 15, 2015,  Council of Ministers, EU General Data Protection Regulation, European Parliament, Legal update, News  No comments

Speaking at a news conference a few hours ago, Věra Jourová, the European Union’s Commissioner for Justice, Consumers and Gender Equality announced that an “historic step” had been taken today as the European Council of Ministers reached agreement on the general approach on the General Data Protection Regulation (GDPR).

Latvia’s minister for justice Dzintars Rasnačs added: “We have moved a great step closer to modernised and harmonised data protection framework for the European Union...

June 9, 2015,  Banks, Council of Ministers, data protection, EU General Data Protection Regulation, European Commission, European Parliament  No comments

According to Varonis (Nasdaq:VRNS), a leading provider of software solutions for unstructured, human-generated enterprise data, banks will be among the first to be hit with massive fines for falling foul of the EU’s General Data Protection Regulation (GDPR).

In a poll conducted at Cebit – Europe’s largest IT show – the company revealed the level of how unprepared the financial services sector is to life under GDPR. Notably, 50% of all respondents that took part in the survey worked within the European banking sector.

According to Varonis, despite the small sample size of 145 respondents, its survey reflects a much wide degree of how under prepared the financial servic...