Tag Archives : European Commission

Final agreement on data protection regulation

With the European Parliament’s agreement on a final text for the General Data Protection Regulation on 17 December 2015, the new European data protection regulation is now likely to enter into force in spring 2018.

In this final version of the regulation, large organisations will have to pay specific attention to the five following provisions:

– The mandatory appointment of a data protection officer but only for organisations whose core activities consist of processing a large amount of personal data (‘regular and systematic monitoring of data subjects on a large scale’);

– Data Protection Impact Assessment will become mandatory when there is a high risk for the rights and freedoms of individuals , in particular when using new technology;

– Fines for breaching the regulation of up to 4% of global turnover;

– The notification of a personal data breach to the supervisory authority no later than 72 hours after having become aware of it;

– No effective system of ‘one decision, one outcome’ for cross-borders cases. EU citizens could still complain to their local data protection authority even if the case is already pending in another EU jurisdiction.

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The final version of the regulation still gives each national data protection authority a margin of discretion on a case-by-case basis to matters like sanctions, definition of high risk processing, claims handling and so on.

This is preventing the regulation from achieving the initial ‘one stop shop’ wanted in the original proposal from the European Commission in 2012.

This compromise with the Council (co-legislator) and the European Commission is the result of many months of negotiations among the three EU institutions. The text has been adopted by the Civil Liberties Committee, which is leading the dossier at the European Parliament, and will now be formally endorsed during a plenary session of the Parliament in March or April.

Two years after its publication in the official journal of the EU, the new regulation will be fully applicable in 2018 in the European Union.


Environmental Liability Directive trainings on 18/19 June 2015 in Brussels

ELD Training Details

Click above for ELD training details

Thanks to the support of the European Commission, FERMA will organize on 18 and 19 June 2015 an ELD training in Brussels, provided by professional consultants (EFTEC and Stratus Consultants)

FERMA has now a long involvement working on the developments of the Environmental Liability Directive, attempting to convince the European legislator to not add up new financial and legal requirements to the European industries during the current review.

Since 2010, all EU countries have implemented the ELD into their national legislation. It means that your domestic environmental laws have been shaped by this European law as regards damages to biodiversity, water and soil and the ways to remediate them.

In case of environmental damage, it is therefore crucial for a risk manager to understand and be able to cooperate with local environmental protection authorities in judging if the ELD applies, in assessing and quantifying the damage and in planning a proportionate remediation.

Unfortunately, please note that for logistic reasons, seats are limited to 15 persons and will be granted on a first-come, first-served basis until Tuesday 16 June.

To receive the application form in word format please send an email to julien.bedhouche@ferma.eu or click here for the PDF version.


(Re) Insurance pools to remain outside the scope of EU competition rules

FERMA has called for renewal of the Insurance Block Exemption Regulation (IBER) for (re)insurance pools in its response to the European Commission consultation exercise.

The Commission launched the consultation in August (see here) to begin its assessment whether the claimed benefits for the insurance market and customers of insurance pooling still justify the special treatment they receive from EU competition authorities. Thirty-six organisations have provided their responses (consultable here) and the Commission must provide a report to member states before 31 March 2016 with the objective of deciding on its renewal in 2017. Continue reading


Coverage of the largest and exceptional risks still needs an exemption from EU competition rules

In a response submitted to the European Commission on Tuesday 4 November, the Federation of European Risk Management Associations (FERMA) has called for renewal of the Insurance Block Exemption Regulation (IBER) for (re)insurance pools.

The Commission launched a consultation in August to begin its assessment whether the claimed benefits for the insurance market and customers of insurance pooling still justify the special treatment they receive from EU competition authorities. The Commission must provide a report to member states before 31 March 2016 with the objective of deciding on its renewal in 2017. Continue reading