What does this cover?

The next round of trilogue negotiations were due to resume on 15 October. Chapters VI and VII, the provisions dealing with the so-called 'One-Stop-Shop' concept and sanctions, are the topic of the discussions.

On 12 October, Green MEP Jan Philipp Albrecht, the EU Parliament's GDPR Rapporteur and Vice Chair of the Civil Liberties Committee of the EU Parliament (LIBE) provided LIBE with a brief update on the continued trilogue developments. These are summarized below:

  • In respect of Chapters II, III and IV trilogue participants have agreed on approximately 70-80% of the text;
  • Negotiation is ongoing in respect of the fundamental principles of the aforementioned Chapters, as well as on issues of consent and the duties of data controllers/processors;
  • More work is required on a number of issues, including data protection officers, the duty to inform data subjects and purpose limitation;
  • Aspects of the GDPR causing difficulties are being postponed in order to ascertain agreement in the less contentious areas where opinion is more united.

Chapter V had been agreed following early trilogue discussions back in June, however, in light of the recent Safe Harbor developments, these provisions will need to be reconsidered.

Whilst there is no official deadline placed on the informal trilogue discussions, it may now be unrealistic to expect the GDPR text by the end of 2015. Some factions are concerned that rushing through the conclusion of the GDPR could have a negative impact on the effectiveness of the GDPR.

What action could be taken to manage risks that may arise from this development?

None – for interest only