EU Council developing its position on the EU DP draft Regulation

The Council Presidency’s note of 22 June to the Working Party on Data Protection and Exchange of Information reveals that almost all Member States’ delegations would like to see fewer delegated acts in the proposals. Also, several Member States say they would rather have a Directive (Belgium, Czech Republic, Denmark and Slovenia).

Comments have been published on Articles 1-10, 80(a) and 83. Importantly, on territorial applicability, the Danish Presidency suggests that the regulations would apply to a controller not established in the Union where the processing activities are related to the offering of goods or services, irrespective of whether a payment of the data subject is required, and the monitoring of data subjects' behaviour as far as their behaviour takes place within the European Union.

There has been much discussion about the ‘household exemption’, as many delegations think that it should apply to individuals’ use of social media.  The UK thinks, for example, that selling personal possessions on an auction site should also fall within the household exemption.

See the notes.

Privacy Laws & Business's 25th Annual International Conference next week includes on 4 July a full day on the EU DP draft Regulation with presentations by the UK’s chief negotiator, John Bowman; Giovanni Buttarelli, The European Data Protection Assistant Supervisor; Laura Corrado, Deputy Head of Unit, Data Protection Unit, DG Justice, European Commission; the President of France's CNIL; the head of Poland's Data Protection Authority; the United Kingdom Information Commissioner's Director of Data Protection; and a lawyer from Copenhagen speaking, on behalf of Denmark's EU Presidency, on what has been achieved during its 6 month EU Presidency. Few places remain.