A new General Data Protection Regulation was published in the Official Journal on 4 May 2016. As it is a Regulation (as distinct from a Directive), it is directly binding on Member States without any requirement for implementation into national law. It entered into force in all EU Member States on 24 May 2016 and shall apply from 25 May 2018.
It introduces a new sanctions regime and new requirements that will increase the regulatory burden on controllers and processors. The GDPR accompanies its cousin in law enforcement data protection matters, the Police and Criminal Justice Data Protection Directive.
However, while the GDPR is designed to enhance individuals' data protection rights, the necessary corollary of stronger rights for data subjects is more onerous obligations for controllers, and, for the first time, processors.
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Pinsent Masons, Belfast
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