DATA PROTECTION TRIALOGUE FACTSHEET

2015 TIMELINE OF NEGOTIATIONS THE TRIALOGUE IN PRACTICE ISSUES THE COUNCIL HAS JULY NOT AGREED ON YET The and the CHAPTER I General Provisions Council of the European Union are co- On the 15th June 2015, Member CHAPTER V Transfer of personal data to a third legislators. Both have developed their states agreed on a General country or international organisation own positions based on the proposal Approach for the General Data

published by the European Commission Protection Regulation. While SEPTEMBER in 2012. agreeing to the Council presidency to start the CHAPTER II Principles The three institutions, Commission, negotiations with the Parliament and Council, now gather in CHAPTER III Rights of the data subject Commission and the Parliament, the so-called trialogue meeting, to find Member States expressed a CHAPTER IV Controllers and processors agreement on a common text, as part of number of concerns that they the ordinary legislative procedure. wish will be resolved during the OCTOBER trialogue negotiations. CHAPTER VI Independent supervisory authority

The main issue raised is the CHAPTER VII Cooperation and consistency possibility to further process CHAPTER VIII Remedies, liability and sanctions personal data for incompatible THE 3 POSITIONS purposes (article 6.4). Many

NOVEMBER Member States felt that this CHAPTER I General Provisions EUROPEAN COMMISSION PROPOSAL provision goes against article 8 on data protection, in the CHAPTER IX Provisions relating to specific data Charter on Fundamental Rights. EUROPEAN PARLIAMENT POSITION processing situation However, this provision is key for COUNCIL OF THE EUROPEAN UNION the development of services DECEMBER GENERAL APPROACH based on big data.

CHAPTER X Delegated and implementing acts

CHAPTER XI Final provisions

FEDERATION OF EUROPEAN DIRECT AND INTERACTIVE MARKETING 43, Avenue des Arts – 1000 Brussels (Belgium) Tel: +32 2 778 99 20 E-mail: [email protected] Website: www.fedma.org

NEGOTIATORS IN THE ROOM FELIX BRAZ EUROPEANCOUNCIL PARLIAMENT OF THE EUROPEAN UNION Luxembourg Justice Minister

CHAIR CHRISTIAN BRAUN CLAUDE MORAES (UK S&D Ambassador of Luxembourg to the EU MEP - LIBE COMMITTEE) EUROPEAN PARLIAMENT LAURE WAGENER Justice Counsellor at the Luxembourg Permanente representation EUROPEAN COMMISSION SOPHIA in’t VELD The Greens - ALDE - Netherlands DG Justice Director General

CORNELIA ERNST PAUL NEMITZ GUE/NGL - Germany EPP - Germany Director for Fundamental Rights and Union Citizenship in DG Justice MARJU LAURISTIN TIMOTHY KIRKHOPE S&D - Estonia ECR - UK INDUSTRY ACTIONS BRUNO GENCARELLI Head of Data Protection Unit FEDMA – Data Protection Glossary

ICDP – Industry Coalition on Data Protection

DataNow Campaign

OFFICIAL INFLUENCERS INDUSTRY CHALLENGES

 Article 29 Working Party  Being able to access data: A company’s legitimate interest, with the necessary safeguards should The Working Party includes the Data protection regulators of continue being a legal grounds for lawful processing of personal data. each EU Member States. While the role of Regulators is to  Profiling: Companies should be able to deliver customized and targeted messages and services implement legislation, the Working Party has an influential role in based on profiling. the discussions on the GDPR.  Right to object & Right to be forgotten  EDPS  The European Data Protection Supervisor is the independent Information to the data subject supervisory authority for data protection and privacy in the European institutions. It also plays a key role, influencing the FEDERATION OF EUROPEAN DIRECT AND INTERACTIVE MARKETING development of the GDPR. 43, Avenue des Arts – 1000 Brussels (Belgium) Tel: +32 2 778 99 20 E-mail: [email protected] Website: www.fedma.org