TOWARDS MANDATORY DATA BREACH NOTIFICATION LAWS IN THE EUROPEAN UNION

摘要

What will now happen? Pursuant to article 4 of the 2009 Directive, Member States must implement the Directive, that is "adopt and publish... the laws, regulations and administrative provisions necessary to comply with the Directive" by May 25, 2011. Under European Union law, a Directive is not directly enforceable, but must be implemented by each Member State in their national legislation. The Directive is binding, however, as to the result to be achieved. None of the 27 Member States have yet implemented the Directive. For example, France anticipated the publication of the Directive on November 25, 2009, by introducing a bill "to better guarantee the right to privacy in the digital age" to the Senate on November 6, 2009. The bill amends article 34 of the January 6, 1978, Data Protection Act.