EU Data Protection Regulation: Too Little or Too Much Regulation?
Douglas Cohen
Director General, Global Trade & Transactions, Worldwide Trade and Legal Association USA China EU North America India
As I posted here on May, 25, 2018, the EU General Data Protection Regulation, (GDPR), is now in effect across the Continent. Many companies are finding this legislation too complex and restrictive -- creating legal uncertainty. In fact, large established firms find it easier to comply than small or medium sized enterprises. Whilst large USA tech players invested substantially in compliance programs, several small companies and start ups have already exited the EU market at the end of May, due to the risk of clashing with the regulation and loss of profits.
To supporters, the GDPR fosters individual rights to access, rectify, transfer, and request the deletion of personal data. Simply stated, the regulation gives back data ownership to more than 500 million "data subjects" within the EU. Nations in Asia, and perhaps the USA, will promulgate similar data privacy laws in the near future.
Should we celebrate the GDPR as a milestone and global role model for data user rights?
Department Manager Customs bij A.P. Moller - Maersk
5 年Although it is a complex regulation for companies to comply with it is a good start. As someone living and working?in the EU I have in more than one occasion invoked my "right to be forgotten" when approached by a company over the telephone trying to sell me something or ask for donations. Even though I have no idea how they got my data (I am not listed in the phonebook) they immediately stop their sales pitch and transfer me to a person in charge of processing my request not to be called again and to remove my info from their databases. This empowers the citizen to take charge?with regards to their own data privacy.?
美国外国（中国）法律顾问 | 中国法 | 中美贸易政策 | 出口管制 | 贸易制裁 | 国际贸易 | 投资并购 | 知识产权 | 稳私政策 | 争议解决 | 合规 | 市场准入 | 国际公法硕士 | 国际比较法硕士
6 年Each country has their own agenda and culture. China can learn regulation from others but to completely accept other countries' standard might not be feasible. I recently did a small research and I found China's data protection law is quite interesting. China actually has a "national standard" for company's data protection and it is quite complex. But this national standard has no legal binding effect.
Director General, Global Trade & Transactions, Worldwide Trade and Legal Association USA China EU North America India
6 年Maybe USA and Asia can take this EU regulation and temper its most restrictive effects and tailor to these nation's unique conditions?
美国外国（中国）法律顾问 | 中国法 | 中美贸易政策 | 出口管制 | 贸易制裁 | 国际贸易 | 投资并购 | 知识产权 | 稳私政策 | 争议解决 | 合规 | 市场准入 | 国际公法硕士 | 国际比较法硕士
6 年Practically I do not know whether too much regulation is good. Now, every time I need click here and there to access some website, my bank accounts, and my google. Technology has been developed into a stage where people think whether we should go back to the old time.