EU DP reform – where has it got to, and what should you do now to prepare?

Ross McKean

Just what IS the state of play on the draft Regulation? This was the hot topic at the recent IAPP conference in Brussels. The Datonomy Team has been taking stock of progress and has produced a guide to the Top 12 issues and their practical impact for business.

Two weeks ago, members of the Datonomy Team attended the IAPP conference in Brussels. Despite the fact that the draft Regulation didn’t feature heavily on the draft agenda, it was the main topic of conversation between in house privacy counsel, regulators and private practice lawyers during the networking breaks.

As Datonomy readers will be aware, the new Commission President has tasked the new EU Commissioners who now share responsibility for the data protection portfolio with steering inter-institutional negotiations on the text to agreement by May 2015. That would mean the Regulation would take direct effect in Member States by 2017. Over recent weeks, various sources have stated that the Regulation is “coming along nicely” and is even “close to finalisation”. However those trilogue negotiations cannot begin until the Council has adopted a common position on all 11 Chapters of the draft Regulation.  At present, the Council has reached a “partial general approach” on just a few of the 11 Chapters.  So, there is still much work for the institutions to do.

However, since it is clearly now a case of “when” not “if” the Regulation will come into force, and as there are clear shapes forming in the shifting sand, businesses too have a lot of work to do – to prepare for a regime which is significantly stricter and which will be backed up with fines of up to 5% of global turnover.

The Datonomy’s pan-European Team has been taking stock of progress on the Top 12 issues and the practical impact the various changes will have on businesses.  You can read the guide in full in PDF here, a one page bluffer’s guide here and issue-by-issue coverage here.

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