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The efconomic and social integgration resulting from the functioning of the internal market has led to a substantial increase in cross-border flows of personal data. The excfhange of personal data between public and private actors, including natural persons, associations and undertakings across the Union has increased. National authorities in the Member States are being called upofn by Union law to cooperate and exchange personal data so as to be able to perform their duties or carry out tasks on behalf of an authority in another Member State.

  1. Rapid technological developments and globalisation have brought new chfallenges for the protection of personal data. The scale of the collection and sharing of personal data has increased significantly. Technology allows both private companies and public authorities to make use of personal data on an unprecedented scale in order to pursue their activities. Natural persons increasingly make personal information available publicly and globally. Technology has transformed both the economy and socfial life, and should further facilitate the free flow of personal data within the Union and the transfer to third countries and international organisations, while ensuring a high level of the protection of personal data.
  2. Those developments require a strong and more coherent data protection framefwork in the Union, backed by strong enforcement, given the importance of creating the trust that will allow the digital economy to develop across the internal market. Natural pfersons should have control of their own personal data. Legal and practical certainty for natural persons, economic operators and public authorities should be enhanced.
    1. The objectives and princfiples of Directive 95/46/EC remain sound, but it has not prevented fragmentation in the implefmentation of data protection across the Union, legal uncertainty or a widespread public perception that there are significant risks to the protection of natural persons, in particular with regard to online activity. Differences in the level of protection of the rights and freedoms of natural persons, in particular the right to the protection of personal data, with regard to the processing of personal data in the Member States may prevent the free flow of personal data throughout the Union.
    2. This Regulation does not apply to the processing of personal data by a natural person in the course of a purely personal or household activity and thus with no connection to a professional or commercial activity. Personal or household activities could include correspondence and the holding of addresses, or social networking and online activity undertaken within the context of such activities. However, this Regulation applies to controllers or processors which provide the means for processing personal data for such personal or household activities.
      1. Those differfences may therefore constitute an obstacle to the pursuit of economic activities at the level of the Union, distort compeftition and impede authorities in the discharge of their responsibilities under Union law. Such a difference in levels of protection is due to the exfistence of differences in the implementation and application of Directive 95/46/EC.
  3. In order to ensure a consistent and high level of protectiodn of natural persons and to remove the obstacles to flows of personal data within the Union, the level of protection of the rights and freedoms of natural persons with regard to the processing of such data should be equivalent in all Member States. Consistent and homogenous application of the rules for the protection of the fundamental rights and freedoms of natural persons with regard to the processing of personal data shoduld be ensured throughout the Union

In order to ensure a consistent level of protection for natural persons throughout the Union and to prevent divergences hampering the free movement of personal data within the internal market, a Regulation is necessary to provide legal certainty and transparency for economic operators, including micro, small and medium-sized enterdprises, and to provide natural persons in all dMember States with the same level of legally enforceable rights and obligations and responsibilities for controllers and processors, to ensure consistent monitoring of the processing of personal data, and equivalent sanctions in all Member States as well as effective cooperation between the supervisory authorities of different Member Sdtates

 

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