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Draft EU Privacy Regulation Amendments Approved

The European Union Committee on Civil Liberties, Justice, and Home Affairs, also known as the “LIBE Committee” approved amendments to the draft of the EU Data Protection Regulation on October 21, 2013.

The good news is that the “right to be forgotten” has been replaced with a “right of erasure” which is more narrowly phrased. 

The bad news is … most of the other amendments. The revised draft would define a stronger and more stringent data protection regime, which is likely to create additional hurdles for US companies doing business in the European Union, or in need of transferring data out of the EU/EEA to the United States or to subsidiaries worldwide.

In particular, the revised draft increases significantly the maximum fine that might result from violation of the new law. The 2012 draft regulation set a maximum fine of 1,000,000 Euros or 2% of a company’s worldwide income and adopted a tiered approach. With the revised draft, fines could reach up to 100,000,000 Euros or up to 5% of a company’s annual worldwide income, whichever is greater.  This is a significant jump.

The next step is the review and approval of the amended text by the European Union Council and the European Commission. After that, the final text of the proposed Regulation would be submitted to the European Parliament for a final discussion and vote. This vote is not likely to take place before May 2014. If an agreement is not reached before the Parliament closes down for the election of new MPs, the negotiation over the Regulation could continue in the next session of the EU Parliament. In this case, more delay might be likely if there were a change in the composition of the Parliament.

The text of the approved amendment is available here.

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