European legal framework

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An effort to create one common legal framework and harmonise legislation of personal data protection through the provisions of Community law of the European Union exists at the European level.

 

Primary legislation


The primary law regarding the matter of personal data protection is laid down in:
Article 6 and 39 of the Treaty on the European Union
Article 8 of the Charter of Fundamental Rights of the European Union
Article 16 of the Treaty on the Functioning of the European Union

 

Secondary legislation:


The issue of protection of personal data in the secondary legislation (adopted before the entry into force of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community - 30 November 2009), is laid down in:


Directive of the European Parliament and of the Council 95/46/EC of 24 October 1995 on the protection of individuals with regard to processing of personal data and on the free movement of such data (OJ L. 281, 23.11.1995, p. 31), as amended


Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided in Switzerland  (2000/518/EC) (OJ L 215, 25.8.2000, p. 1-3)


Commission Decision of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the safe harbour privacy principles and related frequently asked questions issued by the US Department of Commerce (2000/520/EC) (OJ L 215, 25.8.2000, p. 7-47)


Commission Decision of 15 June 2001 on standard contractual clauses for the transfer of personal data to third countries, under Directive 95/46/EC (2001/497/EC) (OJ L 253, 21.9.2001, p. 34-34) as amended


Commission Decision of 20 December 2001 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the Canadian Personal Information Protection and Electronic Documents Act  (2002/2/EC) (OJ L 2, 4.1.2002, p. 13-16)


Commission Decision of 30 June 2003 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Argentina (2003/490/EC) (OJ L 168, 5.7.2003, p. 19-22)


Commission Decision of 21 November 2003 on the adequate protection of personal data in Guernsey (2003/821/EC) (OJ L 308, 25.11.2003, p. 27-28)


Decision of 28 April 2004 on the adequate protection of personal data in the Isle of Man (2004/411/EC) (OJ L 151, 30.4.2004, p. 48-51)


Commission Decision of 8 May 2008 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data in Jersey  (2008/393/EC) (OJ. OJ L 138, 28.5.2008, p. 21-23)


The issue of protection of personal data in the secondary legislation (adopted after the entry into force of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community - after 30 November 2009) is laid down in:

  • Legislative acts and
  • Non-legislative acts


Commission Decision of 5 February 2010 on standard contractual clauses for the transfer of personal data to processors established in third countries under Directive of the European Parliament and Council Directive 95/46/EC (2010/87/EÚ) (OJ. L 39, 12.2.2010)


Commission Decision of 5 March 2010 in accordance with decisions of the European Parliament and Council Directive 95/46/EC on the adequate protection of personal data provided by the Faeroese Act on processing of personal data (2010/146/EÚ) (OJ. L 58, 9.3.2010)


Commission Decision of 19 October 2010 in accordance with decisions of the European Parliament and Council Directive 95/46/EC on the adequate protection of personal data in Andorra (2010/625/EÚ) (OJ. OJ L 277, 21.10.2010)


Commission Decision of 31 January 2011 by the European Parliament and Council Directive 95/46/EC on the adequate protection of personal data by the State of Israel with regard to Automatic Processing of Personal Data (2011/61/EU) (OJ. OJ L 27, 1.2.2011)

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