How many of you know about the EU's forthcoming General Data Protection Legislation?

[StripedSparrow]

Predictably, there's not much information out there at the moment.

I've not seen an exemption threshold for SMEs. I get the impression that it will sneak up on most and just cause mayhem, much like the VAT situation is currently doing.

 

[The Resolver]

Hardly sneak up - this has been in discussion and consultation since 2010 with many many meetings, consultations and papers open to and accessible by the public. It is likely to become EU law in 2015 but with a two year lead in so not in effect until 2017. The current draft is at http://ec.europa.eu/justice/data-protection/document/review2012/com_2012_11_en.pdf

The whole object is to make the rules the same throughout Europe rather than at present with 27 different jurisdictions. That is why it is being primarily introduced through a Regulation that applies across the EU rather than through Directive implemented by local laws. It is also focused at removing much of the bureaucracy to make compliance easier for SMEs. But the principles to adhere to apply across the board as it would be a nonsense to exclude SMEs given we are talking about personal data.

Not knowing about this only underlines how important it is for any business these days to ensure it has its own process to ensure it is able to hear the vibrations on the track in sufficient time to plan ahead and also contribute to the consultation process so that YOUR view has a chance of impacting on the law. UKippers and the like seem to like to mislead the public into thinking that the EU is some outside body that just throws buckets of new law on us unexpectedly. It is quite the reverse. The only people who find it unexpected is UKIP MEPS because they don't bother to contribute much to the Parliament to which they have been elected. Nothing is passed without very extensive consultation over an extended period that is open to every citizen (I participate and find my voice is heard - attending consultation meetings and European Parliamentary committee hearings - many are public) . There is also extensive documentation and information always placed online in mini-sites for each proposed legislation (the DP one is at http://ec.europa.eu/justice/data-protection/minisite/index.html ).

BTW I wonder how many here are aware of one piece of EU legislation that will affect every business selling products or services online - being the EU Regulation on Online Dispute Resolution and the implementation (due mid 2015) of the connected Directive on Alternative Dispute Resolution. That will require every such website to contain a link to an EU platform for ODR. See my blog

 

[StripedSparrow]

Hardly sneak up - this has been in discussion and consultation since 2010 with many many meetings, consultations and papers open to and accessible by the public.

You would argue that the process has been well-covered and people are generally well-informed about it?

A lawyer's perspective on legislation is inevitably going to be different.

I would be interested to know how many others here are aware of what their obligations will potentially be. Perhaps I'm overly sceptical, but I am doubtful that many businesses at the smaller end will be aware, if the VAT mess is anything to go by. Your point about ODR doesn't appear to be that much different to my point about GDP.

Where you stand on the EU politically is irrelevant; I'd agree that it's important for people to know what's planned and how to prepare for it as a matter of reality. As a bureaucracy, the EC/EU haven't made that particularly easy in this instance. You linked to the mini-site, but how many people will find it from the EC's main Justice site? http://ec.europa.eu/justice/data-protection/index_en.htm - looks ideal for wonks and beaks, but not ordinary citizens who might be interested to find out more. If people aren't informed, the EC/EU aren't helping themselves.

 

[The Resolver]

Of course my work requires me to be informed. I agree with you that most people do not know. But that's because most people do not set out to find out. Just as most people do not find out what is in the content of the Articles of Association that regulate much of the relationship between them and their co-shareholders. All I am saying is that it is not correct to claim as you did that:-

"there's not much information out there at the moment."

if you want to find out then the EU act in a very transparent way and moreover permit involvement of citizens to have influence in the drafting of the legislation. Further all that information is readily accessible through searches, Try "EU data protection law" and you will get everything in the top half of the first page. Can you say the same for Westminster?

 

[SwindonSteve]

Of course my work requires me to be informed. I agree with you that most people do not know. But that's because most people do not set out to find out. Just as most people do not find out what is in the content of the Articles of Association that regulate much of the relationship between them and their co-shareholders. All I am saying is that it is not correct to claim as you did that:-

"there's not much information out there at the moment."

if you want to find out then the EU act in a very transparent way and moreover permit involvement of citizens to have influence in the drafting of the legislation. Further all that information is readily accessible through searches, Try "EU data protection law" and you will get everything in the top half of the first page. Can you say the same for Westminster?

Right on brother. I mean, it's not as if a man could possibly expect his local sovereign regulatory institutions to publicise any change in regulation, irrespective of source, is it?

 

[The Resolver]

But its not law yet and when it will be businesses will be given two years to prepare before it comes into effect.

However I do agree that BIS (pp UK Gov) could do more to actively engage all levels of business from the outset so that UK companies can have a greater impact on the final wording of new Directives and Regulations.