Increasingly important role for data protection authorities

The new regulation foresees a more important role for national data protection authorities such as the CNPD.

Possibility of issuing fines

Deterring administrative fines can be issued in cases of illegal or abusive use of personal data. These fines can amount up to 20 million euros or 4% of the data controller’s total worldwide annual turnover. The ability to impose such fines reinforces authorities’ independence and can motivate data controllers to enhance security features in order to avoid data breaches. It is also possible for Member states to provide for criminal sanctions under national law.

Development of guidance and control

Private and public actors should adopt a preventive and conscientious approach when collecting personal data. As the new regulation will abolish prior declarations, data controllers will face less bureaucracy but also higher expectations in terms of safeguarding data protection as of conception (”privacy by design”).

National data protection authorities will of course provide guidance and advice on this matter. The CNPD is thus currently preparing to expand its guidance, investigation and control capacities.

Increased awareness

Data protection authorities are currently seeking to raise awareness among data controllers and the general public, in particular among children, about the risks, rules, guarantees and rights associated with the processing of personal data.

Reinforced cooperation between European data protection authorities

Intensified cooperation among authorities at the European level will be necessary to adequately address cross-border issues.

The European Data Protection Board (EDPB) will replace the Article 29 Working Party and will become an EU body with legal personality. It will be composed of national data protection authorities and the European Data Protection Supervisor (EDPS).

The CNPD will engage in closer cooperation with other European supervisory authorities and the new EDPB through the “One Stop Shop” and the coherence mechanism. New internal procedures, which will take into account the reflections and decisions made by the Article 29 Working Party, will be established in order to facilitate this cooperation.

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