After four years of intense wrangling for a uniform level of data protection in Europe, binding for each Member State, the chief negotiators of the European Parliament, the EU Commission, and the Council of Ministers came to an agreement on 12/15/2015 on the exact wording of the EU General Data Protection Regulation.
Unlike in the past, the EU is no longer relying on the guidelines concept in matters of data protection, the implementation of which has failed to produce any uniform level of data protection within the EU in recent years, despite all efforts for harmonization. Rather, “dataprotection islands” had established themselves, inviting large and mid-size companies to forum shop, especially those in the online market; Ireland in particular was the means of choice and time and again has been criticized for its data protection regulations, which are
weak compared to those of the EU.
However, forum shopping will probably come to an end when the EU General Data Protection Regulation enters into force, because the EU General Data Protection Regulation will be directly applicable in all Member States – without requiring any conversion into national law – and will put an end to the existing patchwork quilt of data protection regulations within the European economic area.
The text of the regulation, a hefty 200 pages and more, thus poses a huge challenge for every company that is actively operating in Europe and that processes personal data here. Therefore every company should begin adjusting ahead of time to the new requirements of the EU General Data Protection Regulation and analyze its databases and data processing procedures according to the regulation’s guidelines, because the fines for violating the regulation threaten to be high and will go far beyond those previously applicable in Europe, and primarily in the Federal Republic of Germany.
For more information please visit our website: medi-ip.de/negotiations-are-finished-eu-general-data-protection-regulation-coming-prepare-yourself-now/id_1451475133
Kazemi & Lennartz Rechtsanwälte PartG
Kazemi & Lennartz is a partnership of attorneys with an office in Bonn, Germany. We advise clients ranging from major national and international enterprises and medium-sized companies to private-equity firms, start-ups and high net worth individuals in all areas of national and international business law. We provide advice in all areas of intellectual property protection – trademark, design, data prtection law and know-how.
Attorney at Law Dr. Robert Kazemi is a partner in the firm Kazemi & Lennartz Rechtsanwälte in Bonn. He has many years of experience in the fields of intelectual property and data protection law. He is the author of the upcoming book “Die Datenschutz-Grundverordnung in der anwaltlichen Beratungspraxis” [[“The General Data Protection Regulation in Legal Consultation Practice”] published by the Deutsche Anwaltverlag, in either German or English, as well as of numerous other publications on the topic of data protection law. He also comments on the key phrase “treatment documentation” in the Heidelberger Commentary Physicians Law Hospital Law Medical Law.
Dr. Robert Kazemi