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Tuesday, July 28, 2015

Progress Reported at Second Trilogue Meeting on GDPR

Significant progress was reported during the second round of trilogue negotiations on the new EU General Data Protection Regulation, which was held on July 14, 2015.  According to participants, agreement was reached on the issues of territorial scope and international data transfers, although work remains to be done on exceptions for national security purposes. Topics viewed as more contentious, including the rights of consumers, duties of data controllers and limitations on further processing of data for incompatible purposes, will be addressed at the next meeting on September 1.  Negotiators were said to have been sufficiently encouraged to set themselves an ambitious deadline for finalizing the GDPR negotiations, namely the Justice and Home Affairs Council meeting in October.  As Oliver Proust makes clear in a detailed explication of the trilogue process, any compromise agreement reached in October would still need to be followed by adoption of the text in second readings by both the Parliament's General Assembly and the Council.

On July 27, the European Data Protection Supervisor, Giovanni Buttarelli, issued the recommendations of his office to trilogue participants, along with a 520-page table that compares, on a line-by-line basis, the texts proposed by the Commission, the Parliament and the Council with the recommendations of the EDPS.  In a sign of new communications sophistication, the comparative table was also released by the EDPS as a mobile app available via iTunes or Google Play.  A useful overview of the potential impact of the GDPR upon data protection in the workplace - potential because no final text has been agreed upon - is provided by Hogan Lovells. 

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