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EU Data Protection Regulation finally agreed

Yesterday it was announced that the European Commission, Parliament and Council have reached agreement on the new EU Data Protection Regulation.

Key points: 

  • Consent (Art 4.8): the text does not refer to ‘explicit’ consent but states that “the data subject’s consent’ means any freely given, specific and informed indication of his or her wishes….” 
  • Legitimate interest (Art 6.1(f)): the text follows the spirit of the 1995 EU Data Protection Directive, allowing organisations to process data when there is a legitimate interest and where appropriate safeguards are in place. 
  • Age of a child (Art. 8): on consent given by a child, the text introduces a common ceiling of ‘below the age of 16’, but gives Member States the freedom to lower this to 13. 
  • Right to be forgotten (Art 17): Art 17.1(c) clarifies that data subjects can obtain erasure of personal data if they object to processing and “there are no overriding legitimate grounds”. Art 17.2(a) obliges the data controller to inform other controllers which may be processing the data to delete it. 
  • Right to object (Art 19): includes a right to object to profiling that is done based on the controller’s legitimate interest, and includes a right to object to direct marketing. 
  • Profiling (Art 20): recognises the right for individuals to not be subject to profiling “which produces legal effects concerning him or her or similarly significantly affects him or her”.
  • Data protection officer (art 35): the appointment of a data protection officer will be mandatory in ‘strictly limited’ cases e.g. when processing is carried out by a controller whose “core activities” consist of data processing.
  • Sanctions (Art 79): states that infringements will be subject to fines of up to 20,000,000 EUR or up to 4% of annual global turnover.
Last updated 16/12/2015

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