EU GDPR regime

Data protection law in the EEA (the EU plus Iceland, Norway, and Liechtenstein) is intended to ensure information about living individuals (within the definition of ‘personal data’) is used fairly and responsibly.

To help ensure that, data protection laws impose a large number of obligations on those ‘processing’ personal data (and on controllers of such processing) and grant rights to those whose personal data is processed (the ‘data subjects’). In summary, ‘processing’ includes doing almost anything with personal data, including storing, sharing, deleting or using it.

This subtopic addresses EEA data protection law, the General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) and its key features at a supranational level. The regime is referred to as ‘general’ since there are special regimes applicable to the processing of personal data in niche areas, such as law enforcement processing and processing by the intelligence services, that are unlikely to be relevant to most organisations. Individual EEA states may exercise a number of national derogations and other discretions to put in place various additional or alternative data protection laws and the various supervisory authorities in each state may

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Commission launches consultation to revise the EU Cybersecurity Act and strengthen the EU cybersecurity framework

The European Commission launched a call for evidence to support the preparation of a legislative proposal to revise the EU Cybersecurity Act. The initiative aims to strengthen EU cyber resilience, update the mandate of the EU Agency for Cybersecurity (ENISA) and improve the effectiveness of the European Cybersecurity Certification Framework. The Commission noted that the cybersecurity landscape has become significantly more complex and threat‑intensive since the Act’s adoption in 2019, while subsequent EU legislation has expanded ENISA’s tasks beyond its original mandate, creating the need to streamline, simplify and supplement the existing framework to ensure coherence, reduce administrative burdens and improve implementation for businesses and users. The initiative focuses on measures to support a secure and resilient Information and Communication Technology supply chain and the EU cybersecurity industrial base, addresses shortcomings in the certification framework such as slow adoption, unclear roles, limited agility and insufficient clarity on covered risks, including non‑technical factors, and considers alignment with newer instruments such as the Cyber Resilience Act. The Commission outlined policy options ranging from non‑legislative measures to targeted or comprehensive regulatory revision, stating that EU‑level action is required to prevent internal market fragmentation and to secure long‑term economic and social benefits through greater harmonisation, stronger cybersecurity and resilience, more efficient incident response and enhanced protection of fundamental rights, including personal data. The call for evidence will run until 20 June 2025.

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