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June 4th, 2015
New EU Data Protection Law May Be Ready This Year
In January, 2012, the EU legislative bodies proposed an updated and more harmonized data protection law to replace the existing EU Data Protection Directive 95/46/EC. That Directive - part of the EU Privacy and Human Rights Law - was created to regulate the processing of personal data within the European Union. While still a work in progress, the new General Data Protection Regulation is now expected to be adopted at the end of 2015 or early 2016.
The new data protection law will apply to all 27 European member states and will significantly change the landscape of EU privacy and data protection in several key areas, including:
- greater control over personal information for individuals, including the right to "data portability," and the "right to be forgotten";
- stricter requirements for obtaining consent to collect and store personal data;
- new restrictions on tracking and targeted advertising;
- new rules for police and criminal justice authorities that exchange data across EU state borders;
- stricter data breach reporting obligations (for example, that breaches must be reported to regulators within 24 hours); and
- substantial new penalties for data privacy violations (the greater of €100 million, or 2 - 5% of a company's annual worldwide revenue).
For more information about the new data protection law, or other matters privacy and data security issues, please contact S. Gregory Boyd CIPP/US at (212) 826-5581 or gboyd@fkks.com, Jeremy Goldman CIPP/US at (212) 705 4843 or jgoldman@fkks.com, Jessica Smith at (212) 705-4876 or jsmith@fkks.com, or any other member of Frankfurt Kurnit's Privacy & Data Security Group.
Other Privacy & Data Security Law Alerts
Business Takeaways from the FTC $5 Billion Settlement with Facebook
On July 24, 2019, the FTC announced a $5 billion settlement with Facebook to address Facebook’s alleged violations of the FTC Act and its 2012 consent order with the FTC. Read more.
July 26 2019
Are You Ready for the New York Cybersecurity Regulations’ September 3rd Deadline?
Financial institutions and insurance companies operating in New York have until September 3, 2018 to comply with the next phase of New York's Cybersecurity Regulations. Here's what you need to know to avoid regulatory scrutiny. Read more.
August 10 2018
New California Privacy Law Calls for Significant Changes
On the heels of the European General Data Protection Regulation (GDPR), California has now passed a digital privacy law that gives consumers more control over their personal information online. Read more.
June 29 2018
