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Update - EU Data Protection Regulation

Further to the IPA Legal & Public Affairs department alert in December confirming that the EU Data Protection Regulation has now been agreed, our colleagues at the Advertising Association attended a meeting this week with Baroness Neville-Rolfe (Parliamentary Under Secretary of State at BIS (jointly with DCMS) and Minister for Intellectual Property) to discuss the implementation of the Regulation.

The IPA will be issuing a separate guidance note on the Regulation soon. In short:

  • The Minister expects the GDPR to be formally agreed in March. While the Government is pleased with parts of the final text (reference to ‘explicit’ consent removed, discretion to lower the age of a child to 13), concerns remain around other issues such as the One-Stop Shop and the right to be forgotten.

  • While the Government has not yet formed its policy strategy for implementing the Regulation, it intends to exercise discretion where it can to avoid placing heavy burdens on businesses.

  • Now negotiations have finished, the implementation process is the Information Commissioner’s Office’s (ICO) top priority. It will produce guidance aimed at creating a smooth transition process.

  • It was pointed out to the Minister and the ICO that legal uncertainty is difficult for businesses and that guidance will be particularly important for issues which are not yet clear such as profiling or legacy data. Providing timely guidance will allow businesses more time to ensure they are compliant with the new rules.
Last updated 20/01/2016

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