Category: Business

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As one of the key drivers behind creating a new regulation was the harmonization of data protection laws throughout Europe, the one-stop-shop principle seems like a sensible addition. However, the principle is not as simple in practice as it can appear on paper, and the original Commission proposal has been modified heavily by its consequent GDPR adoptions.

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The idea from the Commission in article 15 is by far the simplest and most general approach: “Where the processing of personal data takes place in the context of the activities of an establishment of a controller or a processor in the Union, and the controller or processor is established in more than one Member State, the supervisory authority of the main action of the controller or processor shall be competent for the supervision of the processing activities of the controller or the processor in all Member States.”

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The Parliament took issue over the potential infringement of data subject rights when they are not able to easily lodge a complaint with a competent lead DPA if, for instance, contact is made difficult by language or financial means. In article 54a of its adopted text, the Parliament still bet on a lead DPA for the doling out of legal remedies, but it requires the cooperation of all concerned DPAs.The amount of concerned DPAs will also be greatly increased as a provision is also extra for data subjects to lodge complaints with their local DPA in order for it then to work with the lead DPA on behalf of the data subject.Finally, the role of the Data Protection Board is heightened in its ability to decide in the situation of an unclear lead DPA and its eventual ruling in the event of the invoking of the consistency mechanism.

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The General Data Protection Regulation is currently undergoing the Ordinary Legislative Procedure within the relevant Union legislative bodies. As the name suggests, this is the presently common form of legislation creation as 89% of all proposals between 2009 and 2014 underwent this process.Currently, the GDPR has just reached an agreement in the informal negotiation stage referred to as the “Trilogues” following the adoption of the first readings by both the Parliament and the Council. The following article will outline the parties involved in the legislative process, what exactly this arrangement has been through thus far, and what is yet to come.

There are three European authorities officially responsible for the legislative process, and two advisory bodies worth noting for their definite relation to data privacy:

The European Commission is the EU’s executive body. It represents the interests of the European Union as a whole through a total of 28 commissioners, one from any member state, and 23,000 staff members. The body works on the basis of collective decision-making in order to complete its roles of proposing legislation, Find definition, audio pronu European law (with the help of the Court of Justice), representing the EU internationally, setting objectives, and managing EU policies and the budget

The European Parliament is the only body whose members are directly named by the citizens of the EU. It’s aim is to defend democracy and represent the interests of the people. It holds powers over fleeting legislation, the EU budget, and the President and appointments of the Commission. It is made up of 751 members, elected to five year terms, with representation based upon the population of each member state

The Council of the Ministers of the European Union represents the governments of each member state. Its shares the power of adoption for legislation and the budget with Parliament, and also agree policy for the individual member states as well as foreign and security policy for the Union. Based on proposals from the Commission, the Council is the authoritative body to achieve and sign off on international agreements. The council meetings are attended by representatives (either ministers or state secretaries) who have the right to commit their countries and cast their vote.