EU: Data Protection Directive

The European Directive on the protection of private data entered into force on 25 October. The directive (95/46/EC) establishes a high-level of protection for the treatment of personal data in the EU and has led to disputes with the United States. Implementation of the directive is not yet guaranteed throughout the EU however. Several MS have yet to adopt the directive. The European Commission said that by fostering consumer confidence and minimising differences between MS’ data protection rules, the Directive will facilitate the development of electronic commerce. European consumer group BEUC has warned that it would take MS to court if they did not follow the letter of the new EU data law which calls on EU governments to ban exports of personal data to countries which do not have adequate safeguards in place to protect individuals’ privacy. In a letter sent to Commissioner Mario Monti, BEUC Director Jim Murray has expressed his concerns that European consumers must not be deprived of their rights. Mr Murray said that BEUC and other consumer groups plan to conduct a series of comparative tests to assess the levels of protection in place.