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E-VOLUTION OF DATA PROTECTION (IMPLEMENTATION OF DATA PROTECTION REFORM) Developments and Challenges in EU Privacy Law Aspects from a German Perspective.

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Presentation on theme: "E-VOLUTION OF DATA PROTECTION (IMPLEMENTATION OF DATA PROTECTION REFORM) Developments and Challenges in EU Privacy Law Aspects from a German Perspective."— Presentation transcript:

1 E-VOLUTION OF DATA PROTECTION (IMPLEMENTATION OF DATA PROTECTION REFORM) Developments and Challenges in EU Privacy Law Aspects from a German Perspective CONFERENCE, September 2017, Tartu, Estonia Brandenburg State Commissioner for Data Protection and Access to Information Stahnsdorfer Damm 77, Kleinmachnow, GERMANY Tel: , Fax: Internet:

2 Article 99 GDPR Entry into Force and Application
Preparation works to be done until May 25th 2018 when the GDPR will apply: Regulations by national lawmakers 2. Implementation of various new procedures Example: Article 42 GDPR: develop mechanisms for the accreditation of certification bodies draft criteria for certifications LDA Brandenburg

3 Article 99 GDPR Entry into Force and Application
3. Interpretation and understanding of the GDPR provisions Guidelines by European Data Protection Board – EDPB (Article 70 GDPR) Article 29 Working Party Preliminary “short papers” by the German supervisory authorities LDA Brandenburg

4 Article 99 GDPR Entry into Force and Application
CONCLUSION Nearly impossible for controllers and processors to fully implement the GDPR by May 25th 2018 A second – short – transition period is needed During this second transition period infringements should not automatically lead to sanctions Focus on other regulatory tools, especially on advice LDA Brandenburg

5 Article 83 GDPR General Conditions for Imposing Administrative Fines
GDPR focusses on a consistent and high level protection of personal data which requires equivalent sanctions for infringements in the Member States Options: establish an EU-wide comparability in the level of sanctions develop a joint schedule of fines fix minimum fines Obstacles: economic, social and cultural diversity between member states circumstances of the specific case LDA Brandenburg

6 Article 83 GDPR General Conditions for Imposing Administrative Fines
CONCLUSION Adopt a list with firm penalties is not possible. The equitable application of the GDPR does not demand a complete levelling. Instead: Achieve a system of sanctions taking into account specific circumstances of data controllers and processors specific circumstances of the Member States (e.g.: economic, social, cultural) LDA Brandenburg


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