Data Protection Legal Framework Under Review

In January this year, the European Data Protection Supervisor (the "EDPS") issued an opinion in response to the Commission's communication "A comprehensive approach on personal data protection in the European Union" (the "Communication"). The Communication sets out the Commission's approach to the review of the EU legal system for the protection of personal data in all areas of the EU's activities. The overall view of the EDPS is positive. In formulating his comments, he highlights certain aspects of the current regime which require updating and makes a number of important recommendations.

Harmonisation of the current legal framework receives significant attention. There is consensus that too much discretion is left to Member States and this is having negative consequences. There is a strong desire to ensure a level playing field. With increased globalisation, many pan-European businesses find themselves obliged to comply with (possibly diverging) requirements of