Overview

This article requires the European Commission to review and propose amendments to existing Union legal acts on data protection. The goal is to ensure consistent protection of personal data, particularly for processing by Union institutions, bodies, offices, and agencies, and to support the free movement of personal data within the EU.

Key Principles

  • Consistency: Align all Union legal acts with GDPR principles to ensure uniform data protection.

  • Scope: Applies to processing by Union institutions, bodies, offices, and agencies.

  • Regulatory Oversight: Commission is responsible for identifying gaps and proposing amendments.

  • Support for Free Movement: Ensure data flows within the EU are secure and lawful.

  • Accountability: Legal acts are updated to reflect GDPR standards and best practices.

Organizational Applicability

This article applies to:

  • The European Commission responsible for reviewing and proposing legal updates.

  • Union institutions, bodies, offices, and agencies processing personal data.

  • Supervisory authorities monitoring compliance and alignment with GDPR.

  • Legal and compliance teams ensuring adherence to updated legal acts.

Implementation Requirements

  • Conduct periodic reviews of Union legal acts relating to data protection.

  • Identify inconsistencies or gaps relative to GDPR requirements.

  • Propose amendments or updates to ensure consistent protection and lawful data processing.

  • Document review findings, proposed changes, and rationale for amendments.

Implementation Guidance

  • Maintain a registry of Union legal acts and their status relative to GDPR.

  • Train staff on GDPR alignment and legal review processes.

  • Coordinate with supervisory authorities and relevant stakeholders for input.

  • Periodically assess the impact of proposed amendments on data processing practices.

Periodic Review

  • Frequency: As needed or periodically to ensure continuous alignment with GDPR.

  • Responsible Role: European Commission, Legal and Compliance Teams.

  • Outcome: Ensure all Union legal acts comply with GDPR and support lawful, secure data processing.

Non-Compliance Risks

  • Fines: Up to €20 million or 4% of global annual turnover for GDPR violations within affected institutions.

  • Legal Exposure: Risk of inconsistent enforcement or non-compliance due to outdated legal acts.

  • Reputational Damage: Loss of trust in EU data protection governance.

  • Operational Risk: Ineffective or misaligned legal frameworks may impede cross-border data flows and regulatory enforcement.