Insights on Topics GDPR Commission Chooses to Omit during Review
The European Commission is hosting an event on June 13 to review the first year of the General Data Protection Regulation (GDPR). This landmark legislation, implemented on May 25, 2018, aimed to strengthen and unify data protection for all individuals within the European Union (EU).
While EU policy officials may sing the praises of the GDPR, believing it is working as intended, many stakeholders are voicing concerns over its ill effects. Not all member states are in compliance with the GDPR, and differences in implementation and application across member states persist due to national laws complementing the GDPR and varying administrative practices.
Data protection authorities (DPAs) are primarily responsible for the efficient implementation and enforcement of the GDPR at the national level. However, they are overwhelmed with businesses' questions, many of which remain unanswered. The uptick in complaints and data breach notifications that the GDPR has led to is unsustainable, and national authorities, constrained by budgets, have struggled to address these issues.
The GDPR has been a source of legal uncertainty, compliance costs, and obstacles to innovation for European businesses. Many businesses believe that data protection requirements put their business operations at a disadvantage, particularly small and medium enterprises with fewer resources to cope with the additional administrative burdens.
The GDPR has not made life easier for consumers, either. The illusion of control through a consent policy leads to mechanical agreement with lengthy terms and conditions. Moreover, the GDPR will decrease the quality of many products and services Europeans use, such as personal assistants or Internet search queries, due to limiting the collection of personal data necessary for accurate algorithms.
The event includes three panels discussing enforcement effectiveness, data protection as a business opportunity, and individual use of new rights. Brussels still has time to make needed adjustments to the GDPR, and it is crucial for other nations looking to implement similar data protection rules to avoid replicating the GDPR's pitfalls.
In the Brussels bubble, the GDPR is often overlooked, and EU policymakers rarely seem to look beyond it. However, it is essential to acknowledge the challenges faced by businesses and individuals alike in the first year of the GDPR's implementation. The Commission can tout the law as a success, but the GDPR is failing to achieve its intended goals in many aspects.
A notable consequence of the GDPR is the loss of access to thousands of U.S. news websites, including the Pulitzer prize-winning Chicago Tribune, in Europe. Furthermore, only 57% of Europeans are aware that there is a public authority in their country in charge of protecting personal data.
As the first year of the GDPR comes to a close, it is crucial to reflect on its impact and consider how it can be improved to better serve the needs of businesses and individuals alike. The event on June 13 will provide a platform for this discussion, bringing together stakeholders to discuss the challenges and opportunities presented by the GDPR.
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