91999E2436

WRITTEN QUESTION E-2436/99

by Diana Wallis (ELDR) to the Commission

(16 December 1999)

Subject: Data-Protection Directive

Is the Commission aware that, owing to disparities in implementation at national level of the 1995 EU Data-Protection Directive, national data-protection laws are prejudicing cross-border trade and that this will have a considerable impact on the development of e-commerce within the EU?

One example is the extension of the scope of data-protection laws to cover not only personal data, as envisaged by the Directive, but also the processing of corporate data.

Does the Commission plan any action to limit the damage to the principle of the internal market caused by excessive gold-plating of the Directive on its transposition by the Member States?

Answer given by Mr Bolkestein on behalf of the Commission

(28 January 2000)

The Commission takes the view that Directive 95/46/EC of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data(1), to which the Honourable Member refers, is of key importance to the development of electronic commerce.

The Directive is designed to enable personal data to move freely between Member States whilst ensuring throughout the Community a high level of protection for individuals' fundamental rights, including their right to privacy. Such protection is necessary if consumers are to have confidence in the use of on-line services and if electronic commerce is to expand accordingly.

The Commission is therefore keeping a close watch on the transposal of the Directive into national legislation. As transposal has not yet been completed in several Member States, the Commission has initiated proceedings against them for failure to meet their Community obligations.

As things stand, the Commission does not have any information on the disparities to which the Honourable Member refers. Such disparities may arise from the fact that the Directive has not been transposed.

If the margin for manoeuvre which the Directive leaves to Member States, particularly as regards the extension of protection to corporate data as referred to by the Honourable Member, were to present obstacles to the proper operation of the internal market, the Commission would not fail to draw the necessary consequences.

(1) OJ L 281, 23.11.1999.