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THE NEW GENERAL REGULATION ON DATA PROTECTION (GDPR)

THE NEW GENERAL REGULATION ON DATA PROTECTION (GDPR)

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Publié vendredi 29 janvier 2016

Within the European Union, the rules on processing personal data are still governed by the Directive 1995/46/EC. These rules were conceived before the era of social networks, big data and the Internet of things, and were often misunderstood and misapplied by companies and organizations. Its revision has been at the agenda since 2012. After several years of intensive discussions, a final text was finally adopted in December 2015. It should be voted by the European Union legislator and published in the Official Journal in the following weeks.
The modernization of the system of protection of personal data should have important practical consequences for most companies and organizations. In particular, those who, within these organizations, are responsible for ensuring the respect of the rules, will be faced with new multiple challenges. It is not only about applying new legal requirements, carrying out new administrative procedures or adapting the  phrasing  of some clauses of general conditions or privacy policies. The requirements of the regulation, mainly through the concept called "accountability", go well beyond that.
In this document we give a complete overview of these new obligations, but also of new powers which will be allocated to the regulator, at a national and at the European level. These powers can result in investigations and investigative measures, positive injunctions and even administrative fines.