Looking at European Union Data Protection Law Reform Through a Different Prism: The Proposed EU General Data Protection Regulation Two Years Later

Journal of Internet Law (March 2014 -- Vol. 17, No. 9) -- Aspen Publishers Inc. -- Wolters Kluwer Law & Business

15 Pages Posted: 21 Feb 2015

See all articles by W. Gregory Voss

W. Gregory Voss

TBS Business School; Toulouse Business School; University of Toulouse - Toulouse Business School

Date Written: March 1, 2014

Abstract

This article provides an overall review of the proposed European Union General Data Protection Regulation (GDPR), two years after its initial proposal by the European Commission. It places the GDPR in the context of the current Data Protection Directive that it will replace once adopted, and details provisions of the GDPR, including those that were amended by the LIBE Committee (just prior to the vote of changes in the European Parliament sitting in plenary): extraterritorial effect of the GDPR, conditions placed on consent to processing, right to be forgotten and right to erasure, level of administrative sanctions, sensitive data, cross-border data transfers, and requirements for privacy impact assessments and data protection officers. The heavy lobbying on this EU legislation is discussed, and the impact of the NSA PRISM revelations on the legislative process are analyzed.

Keywords: data protection, data security, data protection directive, general data protection regulation, European legislation, European Commission, European law reform, LIBE Committee, European lobbying, PRISM, Safe Harbor, cross-border data transfers

JEL Classification: K02, K22

Suggested Citation

Voss, W. Gregory, Looking at European Union Data Protection Law Reform Through a Different Prism: The Proposed EU General Data Protection Regulation Two Years Later (March 1, 2014). Journal of Internet Law (March 2014 -- Vol. 17, No. 9) -- Aspen Publishers Inc. -- Wolters Kluwer Law & Business, Available at SSRN: https://ssrn.com/abstract=2567624

W. Gregory Voss (Contact Author)

TBS Business School ( email )

1 Place Alphonse Jourdain
CS 66810
Toulouse Cedex 7, Occitanie 31068
France

Toulouse Business School ( email )

20, bd Lascrosses
Toulouse, 31068
France

University of Toulouse - Toulouse Business School ( email )

20, bd Lascrosses
BP 7010
Toulouse, 31068
France

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