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ARTICLE · 28 FEBRUARY 2012

New Data Protection Regulation – How Will It Affect Your Business?

On 25 January 2012, the European Commission outlined its proposals for a radical overhaul of data protection rules in the European Union.

European UnionPrivacy

On 25 January 2012, the European Commission outlined its proposals for a radical overhaul of data protection rules in the European Union. The proposed law will increase compliance obligations of companies with the possibility of the imposition of fines of up to 2% of global turnover of the offender.

With these new rules the Commission aims to develop a more coherent and unified data protection law throughout the EU.

The new data protection law is expected to be enacted by a regulation, which will supersede the existing Data Protection Directive (95/46/EC). Unlike directives, regulations do not require any implementing measures at local member state level. Hence they become immediately enforceable as law in all member states simultaneously. According to the draft text, "(the) direct applicability of a Regulation...will reduce legal fragmentation and provide greater legal certainty by introducing a harmonised set of core rules...". In other words, adopting these

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