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The Facebook/Cambridge Analytica case in 2018, revealing alleged misuse of personal data for political advertising, demonstrated how the underlying values of the European data protection rules are essential for democracy. The EU has recently adopted a series of additional initiatives to support free and fair elections, reflected not least in European Parliament (EP) debates and resolutions.

In the context of the comprehensive reform of the EU's legal framework for data protection, the Commission tabled a proposal in January 2017 for a 'regulation on the protection of individuals with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and the free movement of such data' and repealing the existing one (Regulation No 45/2001). The aim is to align it to the 2016 General Data Protection Regulation (GDPR) that has been fully applicable since ...

In view of revising the existing rules in the field and in line with the General Data Protection Regulation (GDPR), the European Commission made a proposal regulating the processing of personal data by the Union institutions, bodies, offices and agencies in 2016. Negotiations with the Council have produced a compromise text, which is expected to be voted on at first reading in the September plenary.

The CJEU’s Schrems judgment of October 2015, besides declaring the European Commission’s Decision on the EU-US ‘Safe Harbour’ data transfer regime invalid, has also settled a number of crucial requirements corresponding to the foundations of EU data protection. In less than one year from the CJEU ruling, the Commission had adopted a new adequacy decision in which the new framework for EU-US data transfer, the Privacy Shield (2016), is deemed to adequately protect EU citizens. The main improvements ...

Data protection is a fundamental right enshrined in both primary and secondary EU law. More specifically, the main reference for data protection in Europe is the 2016 General Data Protection Regulation (GDPR), which is fully applicable since 25 May 2018. Moreover, specific data protection rules (currently Regulation 45/2001) apply to the EU institutions. The latter are under review, to adapt their principles and provisions to the GDPR. The processing of data relating to parliamentary activities is ...

Aimed at strengthening citizens' rights uniformly while reducing burdens for companies and public entities, the European General Data Protection Regulation (GDPR) applies fully as of 25 May 2018. The long-awaited (and often feared) law is part of a reform package adopted in 2016 to foster trust in a digital age. The recent revelations on misuses of data show how the underlying values of the GDPR standards are essential for democracy.

A new agreement on the transfer of passenger name records (PNR) was signed by the EU Council and Canada in 2014, but conclusion of the agreement requires the European Parliament's consent. Consulted by Parliament, the Court of Justice of the EU held in July 2017 that the envisaged agreement needs to be revised.

Reform of the e-Privacy Directive

Briefing 30-08-2017

In January 2017, the Commission tabled a proposal for a regulation on privacy and electronic communications which would replace the current 2002 e-Privacy Directive. The main objectives of the review are: enhancing security and communications confidentiality; defining clearer rules on tracking technologies such as cookies; and achieving greater harmonisation among Member States. Stakeholders are divided on certain issues, including on the basic need for a new measure to protect confidentiality in ...

The proposed directive on the supply of digital content is intended to regulate the main contractual rights and duties of parties to contracts for the supply of digital content and services, and create a harmonised legal framework for digital content to benefit both consumers and businesses. It covers not only contracts where digital content or services are provided in exchange for money, but also those where the consumer provides personal or other data in lieu of money to gain access to digital ...

The development of smart devices connected online and of big data practices, allowing unprecedented availability, sharing and automated use of data, brings both opportunities in terms of efficiency and improvement in our lives and risks for individuals’ fundamental rights. The European Parliament will vote on an own-initiative report on these issues in the second plenary of March 2017.