The Parliament and the Council adopted the ‘Directive on the protection of individuals with regard to the processing of personal data and on the free movement of such data’ in October 1995. The directive aims to protect individuals’ fundamental rights, especially the right to privacy.

 

In Amelia’s first question (2012-09-12) about the EU-Ukraine trade agreement, she wants to know if the Commission can ensure the protection of the rights of EU citizens even since the same level of protection as afforded by the EU regulations appears not to be guaranteed. She also asks why the principle that the person whose data is transferred and processed must give prior consent is not in the agreement. The Commission answered that, according to the contract, both parties to the agreement will take appropriate actions to protect the privacy of the individuals in member states. They also said that since all transfers will take place under the law of the incorporation of the directive, unambiguous consent of the data subject is one of the legitimate grounds for transfer.

The second question (2012-09-13) about the EU-Ukraine trade agreement is about if the Commission can ensure that the absence of a deadline in the agreement about the implementation of the EU’s legal standards and protection will not be a problem for the EU citizens, and which actions the Commission will take to ensure this. The Commission answered that according to the agreement, the originating Ukrainian company in the EU (that transfers the data) thus remains fully responsible for compliance with EU legislation.

In the third question (2012-10-09), the first about the EU-Armenia trade agreement, Amelia asked if the Commission can ensure the protection of the rights of EU citizens even since the same level of protection as afforded by the EU regulations appears not to be guaranteed. She also asks why the principle that the person whose data is transferred and processed must give prior consent is not in the agreement, and in which ways the Armenian government is being encouraged to put the safeguards in place as soon as possible. The Commission answered that in practical terms, the safeguards provided under the directive on the protection of individuals with regard to the processing of personal data and the free movement of such data will be applicable to data transfers from the EU to Armenia.

The fourth question (2013-01-09) Amelia asked is again about the protection of the personal data of the EU citizens in the Deep and Comprehensive Free Trade Agreement (DCFTA). She asks the Commission to clarify how the rights of the EU citizens are protected when personal data is processed in Ukraine since there are no legally binding obligations for firms located in Ukraine and therefore subject to national legislation. The Commission answered that it is the responsibility of the financial services supplier established in the EU to comply with this criteria before any transfer of personal data take place.

In the fifth question (2013-01-10) Amelia asks the Commission to clarify what safeguards it is considering for the rights of the EU citizens to be respected. The Commission said that in situations of failures in complying with EU data protection law, the DCFTA preserve the right to adopt and enforce necessary measures in order to protect the personal data of the EU citizens.