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ARTICLE · 04 AUGUST 2016

An Overview Of The New General Data Protection Regulation

Proskauer Rose LLP
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The European Parliament has approved the reformed General Data Protection Regulation (the "GDPR"). Given this is a Regulation (rather than a Directive), this legislation will apply automatically in every Member State ...

European UnionPrivacy

The European Parliament has approved the reformed General Data Protection Regulation (the "GDPR"). Given this is a Regulation (rather than a Directive), this legislation will apply automatically in every Member State (without need for additional domestic legislation) when it comes into force on May 25 2018.

Many of the requirements are similar to those set out in Directive 95/46/EC (the "EU Directive"), however there are certain key differences.  The table below summarises the key changes.

Topic The current position The new GDPR position Comment
Transparency in data processing Data must be fairly and lawfully processed. Data will need to be processed fairly, lawfully and transparently. This requires a business to provide information in clear, intelligible and plain language in an easily accessible form. In line with this, privacy policies will need to be clear, understandable and easily accessible.

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