A business guide to changes in European data protection legislation

A business guide to changes in European data protection legislation

European businesses, from the smallest family company to the largest multinational corporation, will soon find themselves affected by new European Community Data Protection legislation. Directive 95/46/EC of 24 October 1995 (OJ L281, 23.11.95, p31) concerns the protection of individuals with regard to the processing of personal data and the free movement of such data. The intent is to harmonise the differing data protection regimes in operation in the Member States of the European Union.

Following an introductory section, further sections cover a business overview of the general Directive; a very detailed analysis of Directive 95/46/EC itself; a similar analysis of the telecommunications Directive 97/66/EC 1998 (OJ L24, 30.1.98, p1-8) and an overview of EU and EEA institutions and political processes for those who are not familiar with these. The text is broken down into small parts, looking at each individual article of each directive and explaining it in terms which make it easier to understand. The authors are keen to point out that they have provided an objective view of the legislation and are not subscribing to any particular school of thought on data protection. They also avoid any claims to be making a definitive interpretation, as they maintain that there is scope for different interpretations, and the European Commission itself recognises that this Directive presents some interpretative problems and that, in a number of instances, definitive interpretation is not possible. Following the detailed guides, there are several appendices, including a glossary of terms; the text of the two Directives; recommendations of the OECD Council; the text of the Council of Europe convention; relevant articles of the EC treaty and a list of the data protection authorities in the Member States.

'A business guide to changes in European data protection legislation' is aimed at organisations which handle personal information, and so will find it essential to understand the requirements of the Directive. The work aims to cut through complicated terminology to appeal to business managers as well as to lawyers and data protection specialists.