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Legal alerts / 14 Apr 2016

Updated Legal Alert – EU General Data Protection Regulation – European Parliament Adopts the General Data Protection Regulation

Update, May 4, 2016: The General Data Protection Regulation (“GDPR”) has been published today in the Official Journal of European Union. The GDPR will enter into force 25 May 2016 and will be fully applicable after a two year transition period on 25 May 2018.

The English language version can be found here.

The Finnish language version can be found here.

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Update, April 14, 2016: The European Parliament has adopted the General Data Protection Regulation (“GDPR”). The formally adopted GDPR will now be published in the Official Journal of the European Union and the GDPR will enter into force 20 days after its publication in the Official Journal. The GDPR is expected to be fully applicable two years after its entry into force.

We follow the situation closely and will provide updates on the GDPR.

The English language version can be found here.

The Finnish language version can be found here.

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Update, April 7, 2016: A new version of the texts for the new General Data Protection Regulation (“GDPR”) has been published. The latest version is an update to what was released in December last year and it is expected that this latest revision is the final proposal that will eventually become the GDPR.

This requires approvals by the Council of the European Union and the European parliament. Once the proposal has been formally adopted it will be published in the Official Journal of the European Union and soon after a two year transition period will begin after which the GDPR replaces the current data protection regulatory regime under the European Data Protection Directive 95/46/EC. After the transition period the GDPR will become binding and directly applicable in all EU member states.

We follow the situation closely and will provide updates on the progress of this matter.

The English language version can be found here.

The Finnish language version can be found here.

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Update, January 12, 2016: The Permanent Representatives Committee (Coreper) has also confirmed the compromise texts agreed with the European Parliament on EU’s Data Protection Reform. After a legal-linguistic review of the texts (i.e. Regulation + Directive), they will be submitted for formal adoption by the Council and the Parliament. The regulation and the directive are likely to enter into force in spring 2016 and there will be a two year transition period.

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Update, December 17, 2015: The Civil Liberties Committee (LIBE) has formally adopted the result of the negotiations on the EU’s Data Protection reform on Thursday, December 17.

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Legal Alert, December 15: On Tuesday, December 15, an agreement was found between the European Commission, the European Parliament and the Council on the reform of the EU data protection package. As a result, the EU will have harmonised rules in all Member States for the protection of personal data. The reform marks Europe’s biggest privacy law update in two decades.

The agreement followed final negotiations between the three institutions (the so-called “trilogue negotiations”). The reform was proposed by the European Commission almost four years ago to replace a patchwork of national laws dating back to the 1990s. After four years of lengthy drafting and negotiating, Tuesday’s agreement has been widely hailed as a “breakthrough” to bring EU’s data protection rules fit for the digital age. The data protection reform package includes the General Data Protection Regulation and the Data Protection Directive for Police and Criminal Justice Authorities. It updates and replaces the current data protection rules that are based on the 1995 Data Protection Directive and the 2008 Framework Decision for the police and criminal justice sector.

Among other things, the new Regulation introduces in many respects tighter restrictions on how companies can use Europeans’ data, as well as heavier fines for breaches of law. On the other hand, the press release issued by the European Commission following Tuesday’s agreement emphasises that the new Regulation will enable people to better control their personal data, and that the modernised and unified rules will also bring new opportunities for businesses by creating more clarity and legal certainty.

The two draft laws in the reform package are scheduled for a confirmation vote in the Civil Liberties Committee (LIBE) on Thursday, December 17. Following LIBE’s approval, the final texts will be formally adopted by the European Parliament and Council at the of beginning 2016. The new rules will become applicable two years thereafter.

Borenius follows the situation closely and will update this webpage (including links to relevant materials) when new official material is available. We also will arrange client events regarding the new rules in the near future. If you are interested in learning more about the implications of the reform for your company, please contact us at your convenience.

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Links to relevant materials (updated, January 12, 2016):

The press release issued by the Council of the European Union can be found here.

The press release issued by the European Commission can be found here.

The press release issued by the European Parliament can be found here.

The consolidated text of the new Regulation is available here.

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