Pravo zaštite podataka GDPR
Data protection law GDPR

Author(s): Andrej Diligenski, Dragan Prlja, Dražen Cerović
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, Sociology of Law, Comparative Law
Published by: Institut za uporedno pravo
Keywords: privacy rights; data protection law; European Union regulation; GDPR; fundamental rights charter; digital communications privacy; global data governance
Summary/Abstract: Along with the development of theories about the understanding of privacy and the protection of the right to privacy before the courts in Europe, from the seventies of the twentieth century until today, legal regulations were developed that regulate the issue of data protection and create a complex system of data protection. In the beginning, these were the legal regulations of certain European countries, and then the main role in the creation of the data protection system was taken by the European Union. Of the large number of regulations adopted within the European Union, the Data Protection Directive (Directive 95/46/EC), the Privacy and Electronic Communications Directive (Directive 2002/58/EC), the Directive amending the Privacy and Electronic Communications Directive (Directive 2006/24/EC), the Directive also amending the Privacy and Electronic Communications Directive (Directive 2009/136/EC), and Telecom Package Directive (Directive 2009/140/EC). With the entry into force of the Lisbon Agreement in 2009, the Charter of Fundamental Rights of the European Union, adopted in 2000 and amended in 2007, which Article 8 defines the right to data protection, became legally binding and has the same legal significance as the founding treaties. In 2016, the EU passed the General Data Protection Regulation (Regulation 2016/679), which came into force on 25/05/2018. year, which had global effects and the possibility of application in all countries around the world. Because of this legal regulation, millions of private companies, including the largest ones, such as Google or Facebook, have changed their behavior and functioning, a large number of countries around the world are changing their national legislation and the way of collecting, processing and storing data, and citizens are getting better protection and new rights, which they can now exercise.

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