Regulamentul general privind protecţia datelor. Aplicaţii practice în materia litigiilor de muncă
General Data Protection Regulation. Practical applications in the matter of labour disputes

Summary/Abstract: Starting with 25.05.2018 the Regulation (EU) No 679/2016, also referred to as Regulation onthe protection of individuals with regard to the processing of personal data and on the free movementof such data has entered into force. This regulation, although replacing the previous applicabledirective in the matter, respectively Directive 95/46/EC, taking over from its functioning principles,brings significant novelties from the point of view of the general framework in the matter of protectionof personal data, circumstantiating and detailing many of the mandatory rules in the matter. Byproposing to create a common framework at unional level, the Regulation No 679/2016 provides thenecessary clarifications on the background of the galloping technological evolution and theaccelerated growth of cross-border personal data flows.To that end, the aim pursued by the mentioned Regulation is to create a coherent and soundframework in the matter of data protection in the Union, in the context of a climate of confidencewhich will allow digital economy to expand on the internal market. It is, thus, intended to ensure thatindividuals benefit by a greater control over personal data, as well as to consolidate legal andpractical security for the natural persons, the economic operators and the public authorities.Likewise, the Regulation strictly stipulates the premises in which any processing of personaldata may be considered as being lawful and, thus, allowed, at the same time with thecircumstantiation of the conditions in which the person concerned may be considered to have givenhis consent to the forecast processing.Also, a central element of the new European legislative initiative is to provide the necessarymeasures to ensure the transparency of the processing of personal data. In this respect, there areconfigured the obligations devolving on the operators of such data to inform the persons whose dataare processed, as well as the cases and conditions in which the natural persons are entitled torectify, erase or restrict the use of data concerning them.Last but not least, the sanctioning regime established by the Regulation No 679/2016 was likelyto create emotion in the context of its entry into force. The concern generated by the entry into forceof this unional act is justified, having as grounds the particularly high level of contraventionalsanctions applicable in case of non-compliance with its provisions, which may reach, in some cases,between EUR 10 000 000–20 000 000 or up to 4% of the turnover of the data operator.Thus, the practical applicability of Regulation No 679/2016 is a significant one, its provisionsrequiring the rethinking of the internal organizational structure of all legal entities involved in theprocessing of data which present the potential of identifying a particular natural person.

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