Thursday

20th Sep 2018

26 EU states not ready for data law

The vast majority of EU states appear unprepared for new EU-wide data protection and privacy rules set for launch end of May.

Only Austria and Germany have so far implemented national laws that lay the ground work for the EU general data protection regulation (GDPR), a wide-reaching overhaul of a two-decade old directive.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join as a group

"If some member states lag behind and do not amend their legislation on time it might cause some problems for the overall functioning of the GDPR across Europe," EU justice commissioner Vera Jourova told reporters on Wednesday (24 January).

While the regulation is automatically binding as of 25 May, national procedural rules are needed, among other things, to equip data protection authorities with means to ensure people's privacy is protected.

States will also have to repeal and amend some existing laws and set up national data protection authorities. Jourova said this also entails making sure that data protection authorities are independent and financed enough to carry out their duties.

"I can tell you that all 26 [member states] are in a big rush now," she said.

Karolina Majzesowicz, a data protection expert at the European Commission, told this website that such missing national rules "could slow down the take-off of the harmonious application and the coherent application of the data protection rules throughout the EU."

The regulation offers a single set of rules that are required to be applied throughout all EU states and by any company, no matter where it is based, that processes the data of EU citizens and residents.

Breaking the law could incur fines up to €20 million or 4 percent of a company's worldwide annual turnover.

Some of the EU's 24,000 smaller businesses will be exempt from the rules but concerns are mounting that many others are simply ill-prepared to meet all the conditions. Those that process people's data will be required to hire a data protection officer, for instance.

Meanwhile, some governments are more advanced than others when it comes to meeting their 25 May deadline.

An EU commission document from early December says Denmark, Estonia, France, Hungary, Malta, Ireland, Lithuania, Luxembourg, Latvia, Poland, Sweden, Slovenia, and the United Kingdom have either submitted or will soon submit draft laws to their respective parliaments.

EU states and companies have been given two years to make sure that regulation goes off without a hitch following its 2016 adoption.

German Green MEP Jan Philip Albrecht, who steered the bill through the European parliament, warned the regulation would be applied not matter what and will be enforced.

"Allowing business to prepare compliance for two years after the GDPR came into force was quite nice of the EU. There were also suggestions to make it six months," he said at the CPDP international data protection conference in Brussels on Wednesday.

Not everyone is convinced of the regulation's impact on shoring up data protection standards, however.

Christian Gemmin from the University Kassel in Germany said some of the opening clauses in the regulation run the risk of lowering the level of data protection.

Speaking at a panel at the CPDP, he noted that options in the regulation "may lead to a complex and intransparent situation."

Data privacy chiefs wary of lagging EU states

EU data protection chiefs are worried member states won't be ready when a new wide-sweeping general data protection regulation goes live on 25 May. National laws still need to be passed to ensure data authorities can enforce the regulation EU-wide.

Austria accused of undermining new EU data law

Most EU states have yet to pass the national laws needed to equip authorities with the resources to enforce the upcoming EU general data protection regulation. Austria, previously deemed a leader for high data standards, appears increasingly wary.

Eight countries to miss EU data protection deadline

The EU starts enforcing its general data protection regulation on 25 May - but Belgium, Bulgaria, Cyprus, Czech Republic, Greece, Hungary, Lithuania and Slovenia won't be ready. The delay will cause legal uncertainty.

Focus

Are EU data watchdogs staffed for GDPR?

The success of the new general data protection regulation (GDPR) will depend on whether data protection authorities enforce the new rules - which, in turn, will be at least partly determined by how many people they employ.

News in Brief

  1. Greece to move asylum-seekers from overcrowded Lesbos camp
  2. Transatlantic soya trade soars due to trade wars
  3. EU tables strategy for connecting Europe and Asia
  4. Bulgaria backs Hungary in dispute with EU
  5. Trump urged Spain to build Sahara wall to stop migrants
  6. EU-Arab League summit proposed for February in Egypt
  7. Stop 'migration blame-game', Tusk tells EU leaders
  8. McDonald's Luxembourg tax deal 'compatible' with EU rules

Opinion

Building a Europe more resilient to terrorism

One year to the day since the terror attacks in Barcelona and Cambrils, the commissioner for home affairs spells out what action the EU is taking now to protect against further attacks.

Stakeholders' Highlights

  1. NORDIC COUNCIL OF MINISTERSThe Nordic gender effect goes international
  2. NORDIC COUNCIL OF MINISTERSPaula Lehtomaki from Finland elected as the Council's first female Secretary General
  3. NORDIC COUNCIL OF MINISTERSNordic design sets the stage at COP24, running a competition for sustainable chairs.
  4. Counter BalanceIn Kenya, a motorway funded by the European Investment Bank runs over roadside dwellers
  5. ACCACompany Law Package: Making the Best of Digital and Cross Border Mobility,
  6. IPHRCivil Society Worried About Shortcomings in EU-Kyrgyzstan Human Rights Dialogue
  7. UNESDAThe European Soft Drinks Industry Supports over 1.7 Million Jobs
  8. Mission of China to the EUJointly Building Belt and Road Initiative Leads to a Better Future for All
  9. IPHRCivil society asks PACE to appoint Rapporteur to probe issue of political prisoners in Azerbaijan
  10. ACCASocial Mobility – How Can We Increase Opportunities Through Training and Education?
  11. Nordic Council of MinistersEnergy Solutions for a Greener Tomorrow
  12. UNICEFWhat Kind of Europe Do Children Want? Unicef & Eurochild Launch Survey on the Europe Kids Want

Latest News

  1. EU mulls action to prevent cattle suffering at Turkish border
  2. Safeguarding Schengen at Salzburg
  3. Denmark's image 'damaged' by bank scandal
  4. Real Brexit progress needed by October, Barnier says
  5. Poland to face EU top court on rule of law
  6. Austria's EU presidency: a bridge over troubled water?
  7. EU promotes 'Egypt model' to reduce migrant numbers
  8. Tensions mount over Kosovo-Serbia deal

Join EUobserver

Support quality EU news

Join us