Legal Reform of European Union Data Protection

• Author: Charlotte Ene
• Profession: Department of Law, Bucharest University of Economic Studies
• Pages: 284-290

Legal Reform of European Union Data Protection

Associate professor Charlotte ENE

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Abstract

Achievement the Digital Single Market, one of the objectives of European Union,

needs a specific legal framework. In this rega rd, it was adopted the General Data Pro-

tection Regulation 679/2016/EU (the GDPR) which will come into force on 25 May 2018

and will replace the existing Data Protection Directive 95/46/EC. The main goal of the

GDPR is to harmonise data protection across the EU and to enable individuals to regain

control of their personal data, according to Mr. J.-Ph. A lbrecht, member of European

Parliament. The application of the GDPR will bring significant changes to European data

protection law; therefore those rules include data breach notification, coordinated en-

forcement, strengthened consent, clarify the “right to be forgotten” together with serious

financial penalties for non -compliance. The GDPR also expands the territorial and ma-

terial scope of EU data protection law thus non-EU companies will have to apply the

same rules as EU compan ies when offering services in the EU. In conclusion, the Regu-

lation strengthens fu ndamental rights in the digital age and facilitates business by sim-

plifying rules for companies in the Digital Single Market.

Keywords: General Data Protection Regulation 679/2016/EU, EU data protec-

tion law, data breach notification, damages claims for data protection breaches, right to

be forgotten, Digital Single Market.

JEL Classification: K13, K23

1. Introduction

Since the adoption of the Data Protection Directive 95/46/EC in 1995 we

have experienced rapid technological developments like explosion of the Internet,

big data and cloud computing, online social networks, online advertising, virtual

currency, etc. as well as globalization flows of personal data

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.

All these new technological challenges have significantly transformed

the way in which personal data are processed and used, thus it is necessary a

“strong and more coherent data protection framework in the Union (…) that will

allow the digital economy to develop across the internal market.”

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Charlotte Ene – Department of Law, Bucharest University of Economic Studies, enechar-

lotte@gmail.com

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Concerning the application of Directive 95/46/EC, see Camelia Florentina Stoica, Marieta Safta,

Theoretical and practical issues relating to the right to the protection of personal data, „Juridical

Tribune”, vol. 5, issue 2, 2015, p. 101, 102.

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Recitals (6) and (7) of the Regulation EU 2016/679.