Position paper european commission




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in Article 21, already existing in the different EU norms; e.g. article 15 CFR or the anti-discrimination rules in the treaties, which protect the workers; can be extended to the digital world.



As a conclusion, it makes no doubt that every right evoked in the proposal for a Charter of digital fundamental rights must be protected on the European level and that a proper protection of the individuals in the digital sphere should be guaranteed. However, the institutions of the EU have already worked on several legal initiatives to implement this protection. The directive 95/46/EC on the protection of personal data will stay in force until the 25th of May 2018, the Directive 2016/680 and the Regulation 2016/679 will both enter in force in 2018 and aim to protect most of the rights and principles inscribed in the proposal. Law is a lively material and should be interpreted in the light of the evolution of society. We believe that the Charter of fundamental rights is able to adapt to the modern problematic of the 21th Century. Thus, it is not necessary to put the institutions and the member state through the heavy procedure of producing a Charter of Digital Fundamental Rights.

Moreover, as we said during our analysis, the scope of the Charter for fundamental rights does not stop where the «digital sphere» begins. The guarantee provided by this text should apply to every person in every context because the rights that are protected are human rights, fundamental rights.

Finally, we must not forget that the EU evolves in an international context and some international institutions have also worked on providing an efficient protection of the personal data. For example, the Council of Europe has generated a «Convention for the protection of individuals with regards to automatic processing of personal data» in 1981. Moreover, the EU has used the principles of the ECHR since the beginning, and this rights are meant to be interpreted in the light of the evolution of society and can protect the individuals today in the digital area.

We witness that the protection of individuals in the 21th century is ensured on the European level. The directives and regulations provide an efficient protection in the European Union.

Today, through globalization, the real problems will occur in the relationship between the European individuals and the international actors, which are not bounded by European legislation. We think that a proposal for a text protecting the digital rights on an international level through European legislation would be welcome.

1 Article 10 (2) and Article 27 respectively.

2 https://ec.europa.eu/digital-single-market/en/network-and-information-security-nis-directive

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Position paper european commission

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