• EU: New Data Protection Regulation Back on Track
  • July 29, 2014 | Authors: Jane Elphick; Sarah Pearce
  • Law Firm: Edwards Wildman Palmer LLP - London Office
  • Recently, there has been increased concern over the ever slipping timetable of the Draft Data Protection Regulation, see here and here for our previous commentary on the issue.

    According to Thomas Zerdick, the Head of Reform at the European Commission's Data Protection Unit, the Data Protection Regulation is on ‘a good track’ for agreement next year.

    However, the UK's Information Commissioner, Christopher Graham expressed concern that an over-prescriptive regulation would be counter-productive. He said there is a danger of creating something that cannot be done and therefore will be of less use than the current regime. Graham also emphasised the need for global solutions in data protection regulation, agreeing that modernisation was essential, but highlighted the need to ‘engage with partners all around the world’.

    The next stage is to reach a consensus with the European Council of Ministers. The legislation is still highly likely to take the form of a Regulation (directly applicable in member states) as opposed to a Directive, which would be implemented through national legislation, despite the UK’s objection.

    11 June 2014:

    A Corrigendum to the Partial General Approach on the proposed Data Protection Regulation was published in the Council Register, which expressed concern over the current wording regarding safeguards for oversea transfers in Article 42 of the draft. This is in line with recent debate over US/UK Safe Harbor regime and whether it is as “safe” as it could be considering high profile events such as the Snowden Revelations in the US last year.

    5 and 6 June 2014:

    Justice and Home Affairs Council reached partial general approach on General Data Protection Regulation proposal and held policy debate on “one stop shop” mechanism. Council also briefed on state of play of draft Directive.

    28 May 2014:

    Partial General Approach on Chapter V of the proposed Data Protection Regulation published in the Council Register.

    26 May 2014:

    Orientation debate on one-stop-shop mechanism published in the Council Register.

    21 May 2014:

    Note on state of play of the proposal for a Directive published in Council Register.

    12 March 2014:

    European Parliament adopted first-reading legislative Resolutions on the two proposals in the Personal Data Protection Reform Package.