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Hungary: EU General Data Protection Regulation

The European Parliament and the Council have adopted Regulation (EU) 2016/679, the General Data Protection Regulation ('GDPR')

(PresseBox) (Munich, ) The European Commission proposed its data protection reform in 2012. The rules on data protection had been in place since 1995, so these needed to be modernised to make them fit for the digital age as they were adopted at a time when many of today’s online services and their implications for data protection did not yet exist. GDPR will replace the previous regulation and once it comes into force in the first half of 2018 will be applicable directly in all member states.

The GDPR will apply to organisations not established in the EU with the following conditions: the processing of the personal data of EU data subjects when offering them goods and services (even if payment is not required) and monitoring their behaviour (in so far as their behaviour takes place within the EU).

The GDPR regulates the matter of consent more strictly. Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication such as by a written statement, including by electronic means, or an oral statement. The data subject shall have the right to withdraw his or her consent at any time.

The GDPR strengthens the rights of individuals. With the ‘right to be forgotten’ the data subjects have the right to require the erasure of personal data concerning them without undue delay in certain situations, e. g. when the personal data are no longer necessary in relation to the purposes for which they were collected.

On the other hand the GDPR places an additional burden on the data processors. The keystone of the regulation is that the controller should be obliged to implement appropriate and effective measures and be able to demonstrate the compliance of processing activities with the GDPR including the effectiveness of the measures.

Dr. György Zalavári Senior Partner, attorney at law, ECOVIS Hungary Legal, Budapest, Hungary, gyorgy.zalavari@ecovis.hu

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About ECOVIS AG Steuerberatungsgesellschaft

Ecovis is a leading global consulting firm with its origins in Continental Europe. It has over 4,500 people operating in over 60 countries. Its consulting focus and core competencies lie in the areas of tax consultation, accounting, auditing and legal advice. The particular strength of Ecovis is the combination of personal advice at a local level with the general expertise of an international and interdisciplinary network of professionals. Every Ecovis office can rely on qualified specialists in the back offices as well as on the specific industrial or national know-how of all the Ecovis experts worldwide. This diversified expertise provides clients with effective support, especially in the fields of international transactions and investments - from preparation in the client's home country to support in the target country. In its consulting work Ecovis concentrates mainly on mid-sized firms.

Both nationally and internationally, its one-stop-shop concept ensures all-round support in legal, fiscal, managerial and administrative issues.

The name Ecovis, a combination of the terms economy and vision, expresses both its international character and its focus on the future and growth.

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