position of the Council on the adoption of a Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and repealing Directive 95/46/EC

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to Article 294(6) of the Treaty on the Functioning of the European Union concerning the

2012/0011 (COD)

COMMUNICATION FROM THE COMMISSION

TO THE EUROPEAN PARLIAMENT



pursuant to Article 294(6) of the Treaty on the Functioning of the European Union



concerning the

position of the Council on the adoption of a Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on

the free movement of such data (General Data Protection Regulation)

and repealing Directive 95/46/EC

1.Background

Date of transmission of the proposal to the European Parliament and to the Council

(document COM(2012) 11 final – 2012/11 COD): 25 January 2012; Date of the opinion of the European Economic and Social Committee: SOC/455 EESC-2012-1303 23 May 2012. Date of the position of the European Parliament, first reading: 12 March 2014. Date of transmission of the amended proposal: N/A. Date of adoption of the position of the Council: 8 April 2016.

2.Objective of the proposal from the Commission

Directive 95/46/EC, the central legislative instrument for the protection of personal data in Europe, was a milestone in the history of data protection. Its objectives, to ensure a functioning Single Market and effective protection of the fundamental rights and freedoms of individuals, remain valid. However, it was adopted 21 years ago when the internet was in its infancy. In today's new, challenging digital environment, existing rules provide neither the degree of harmonisation required, nor the necessary efficiency to ensure the right to personal data protection.

Against this background the Commission proposed on 25 January 2012 a Regulation intended to replace Directive 95/46/EC and which is setting out a general EU framework for data protection. The proposal for a Regulation modernises the principles of the 1995 Directive, tailoring them for the digital age and harmonising the data protection law in Europe. Strong data protection rules are necessary to rebuild the trust of individuals in how their personal data is being used.

The proposal for a Regulation focuses on: reinforcing individuals' rights, strengthening the EU internal market, ensuring stronger enforcement of the rules, streamlining international transfers of personal data and setting global data protection standards.

The changes will give people more control over their personal data and make it easier to access it. They are designed to make sure that people's personal information is protected – no matter where it is. The new rules address these concerns through

Easier access to one's data - individuals will have more information on how their data is processed in a clear and understandable way;

A "right to be forgotten" - when an individual no longer wants her/his data to be processed, and provided that there are no legitimate grounds for retaining it, the data will be deleted;

The right to know when one's data has been hacked - companies must notify the supervisory authority of data breaches which put individuals at risk and communicate to the data subject all high risk breaches as soon as possible so that users can take appropriate measures;

A right to data portability – this will make it easier for individuals to transmit personal data between service providers.

The proposed Regulation also supports the Digital Single Market to realise its potential through:

One continent, one law: a single, pan-European law for data protection, replacing the current inconsistent patchwork of 28 national laws;

One-stop-shop: a 'one-stop-shop' for businesses: companies will only have to deal with one single supervisory authority, not 28, making it simpler and cheaper for companies to do business in the EU;

A a level playing field - today European companies have to adhere to stricter standards than companies established outside the EU but also doing business in our Single Market. With the reform companies based outside of Europe will have to apply the same rules when they offer goods or services on the EU market;

Technological neutrality: the Regulation enables innovation to continue to thrive under the new rules.