Regulation (EU) 2016/679 Of The European Parliament And Of The Council On The Protection Of Individuals With Regard To The Processing Of Personal Data And The Free Movement Of These Data

AuthorAdriana Deac
Pages151-156
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF
THE COUNCIL ON THE PROTECTION OF INDIVIDUALS WITH
REGARD TO THE PROCESSING OF PERSONAL DATA AND THE FREE
MOVEMENT OF THESE DATA
Lecturer Adriana DEAC1
Abstract
The entry into force on 25 May 2018 of Regulation (EU) 2016/6792 of the European Parliament and of the
Council on the protection of individuals with regard to the processing of personal data and on the free movement of such
data, the so-called RGPD Regulation, is an important moment in protecting the citizens of the European Union from the
point of view of the use of personal data. The present paper aims at presenting the fundamental principles underpinning
the European Parliament's and Council's re-regulation, the persons to whom these regulations apply, the obligations that
public authorities or bodies have to fulfill, as well as the rights of the citizens of the European Un ion in this context.
Keywords: RGPD Regulation, Personal Data Protection, Personal Data Operator, Data Protection Officer.
JEL Classification: K23, K38
1. Introduction
On 27.04.2016 it was published in the Official Journal of the European Union no. 119/1
Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of
individuals with regard to the processing of personal data and on the free movement of such data and
repealing Directive 95/46/EC (General data protection), which entered into force on 25.05.2018. The
reason for the emergence of this regulation was the different way in which EU Member States have
understood to apply and enforce the provisions of Directive 95/46/EC3 in national legislation.
Differences have thus been created between the levels of protection of individuals' rights and
freedoms, in particular the right to the protection of personal data, as regards the processing of
personal data in the Member States, which is likely to hinder the free movement of data throughout
the Union. These differences may constitute an obstacle to the conduct of economic activities at
Union level, distort competition and prevent the authorities from fulfilling their responsibilities under
Union law.
Rapid technological developments and globalization have created new challenges for the
protection of personal data. The magnitude of the collection and exchange of personal data has
increased significantly. The technology allows both private companies and public authorities to use
personal data at an unprecedented level in their activities. More and more, individuals make public
personal information worldwide. Technology has transformed both the economy and social life and
should further facilitate the free movement of personal data within the Union and the transfer to third
countries and international organizations, while ensuring a high level of protection of personal data.
These developments call for a stronger and more coherent data protection framework in the
Union, accompanied by a rigorous application of the rules, taking into account the importance of
creating a climate of confidence that will enable the digital economy to develop in the internal market.
Individuals should have control over their own personal data, and legal and practical security for
individuals, economic operators and public authorities should be strengthened.
In view of the extraordinary development of online commerce, and given that personal
information such as name, address, CNP, telephone number, email address, payment method, etc. are
1 Adriana Deac Department of Law, Bucharest University of Economic Studies, Romania, adriana.deac@yahoo.com.
2 Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing
of personal data and on the free movement of such data and repealing Directive 95/46/EC published in the Official Journal of the
European Union no. 119/1 of 26.04.2016.
3 Directive 95/46/EC of the European P arliament and of the Council on the protection of individuals with regard to the processing of
personal data and on the free movement of such data, published in the Official Journal of the European Union no. 281/31 of 25.10.1995.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT