— Ch. 1 · Legislative Origins And Adoption —
General Data Protection Regulation.
~4 min read · Ch. 1 of 6
The European Parliament and Council of the European Union adopted the General Data Protection Regulation on the 14th of April 2016. This regulation, designated as Regulation (EU) 2016/679, became effective two years later on the 25th of May 2018. Unlike previous directives that required transposition into national law, this regulation has direct legal effect across all member states. Austria was the only member state to vote against its adoption in April 2016, arguing that some data protection levels fell short compared to the 1995 directive. The regulation supersedes the Data Protection Directive 95/46/EC and simplifies terminology for international business operations. Recital 4 proclaims that processing personal data should be designed to serve mankind.
Core Principles And Rights
Article 5 sets out six principles relating to the lawfulness of processing personal data. These include requirements that data must be processed lawfully, fairly, and transparently. Article 6 specifies that personal data may not be processed unless there is at least one legal basis for doing so. Consent must be explicit, freely given, plainly worded, and unambiguous. An online form which has consent options structured as an opt-out selected by default violates these rules. Individuals can withdraw consent at any time, and the process must not be harder than opting in. Children under 16 require parental or custodian verification for consent, though member states may lower this age to 13. Article 17 provides a right to erasure on grounds including noncompliance with lawful processing conditions.