Last 14 2016 April, the European Parliament adopted the Regulation on the Data Protection Act. Also a specific directive on data in police and judicial matters and a number of measures for the creation of a register of air passengers.

The European Regulation replaces the Directive of the 1995 year, transposed to the Spanish legal system by the Law on Protection of Data of a Personal Nature of 1999 and its Regulations of the 2007. Attended its rank, said Regulation will be of direct application in all the States, will come into force at 20 days of its publication and will be obligatory after two years from said publication. The Regulation aims to unify and strengthen the protection of personal data throughout the European Union, adapting to the current digital environment:

How it affects individuals:

The purpose of European Regulation is the total transparency of information to interested parties as regards the conservation of their international data and transfer them. In the case where the data are not obtained directly from the interested party, it will be communicated to such an extent in 1 same month (not currently established 3 as Spanish Data Protection Act).

To emphasize, also, several novelties like the call Right to the forgetfulness or of suppression of data in case of being unnecessary for the aim that is tried, if they are treated of illicit form or have to be suppressed by legal obligation; or the Right to Portability of data from one to another service provider.

As it affects companies (legal entities):

The European Regulations Data Protection Act It is mandatory for companies in the European Union but also for those who do not reside in the European Union but treat data residing in the Union offered in the territory of the Union or conduct analyzes of their behavior.

It also foresees the creation of a single window for registration matrices of European companies.

the Delegate of data protection, mandatory for public bodies (except the courts under the judicial function) and private entities whose main activities involve the routine and systematic observation concerned a large scale or treatment is introduced large-scale special categories of data.

The penalties for breach of the personal data protection law are hardened and may amount to 4% of the total annual turnover.

2) Directive data transmission judicial and police matters is born with the aim of enhancing border data exchange and rapid and effective cooperation between States in judicial and police matters, protecting people involved in investigations or proceedings and, while avoiding risks to public safety.

3) Measures taken include the creation in each country of the European Union of a specific unit equipped with a responsible and a European register data of air passengers. This will force airlines to provide national authorities the data of passengers on its routes to third countries with departure or arrival at a member country not being applicable in intra-Community flights.


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Maria Amparo León

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