Abstract

MORITZ, Marcel  and  GIBELLO, Valentín. El Reglamento Europeo (UE) 2016/679: análisis de un claroscuro. Foro [online]. 2017, n.27, pp.115-128. ISSN 2631-2484.

The Directive 95/46/CE from October 24th 1995 was the first legal instrument for the regulation of data protection in the European Union. This directive will be replaced by the Regulation (UE) 2016/679, from May 28th 2018.

This paper abords in critical way this new European Regulation, presents its purposes, and the importance of creating a Regulation instead of a new data protection directive. Furthermore, this paper describes the strenghtening of european data protection law in relation to the challenges of today's technology.

Nevertheless, some analysts consider that the new Regulation generates many doubts because it aims to benefit data controllers by establishing a risk based approach. This double perspective creates many ambiguities that are discussed along the contents of this paper.

Keywords : personal data; data protection; privacy; fundamental rights; right to be forgotten; european union; risk based approach.

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