Local view for "http://purl.org/linkedpolitics/eu/plenary/2008-03-10-Speech-1-106"
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"en.20080310.18.1-106"2
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"Mr President, I should like to begin by pointing out that Directive 95/46/EC (the ‘Data Protection Directive’) applies to data controllers established in the Community. It also applies to controllers not established on the territory of a Member State when such a controller uses equipment situated on the territory of a Member State, unless such equipment is used only for purposes of transit through the territory of the Community.
The Directive ensures rights to all individuals, whatever their nationality or place of residence and regardless of whether they act as consumers or not. It lays down substantive provisions imposing obligations on data controllers and recognising the rights of individuals. It also prescribes sanctions and appropriate remedies in the event of breaches and establishes enforcement mechanisms to make them effective.
We follow closely developments in technology and associated challenges, in particular those relating to the protection of privacy and personal data. As far as transatlantic cooperation is concerned, we maintain regular contact with the United States authorities responsible for monitoring safe harbour – the Department of Commerce and the Federal Trade Commission – in the context of which questions relating to the protection of personal data are addressed. Issues posed by new technologies and their worldwide deployment are also examined.
In this particular case, which is the merger of Google and Double Click, the case is still being analysed by the Commission in order to decide whether the envisaged merger is in line with Regulation 139/2004/EC (the ‘Merger Regulation’). We will adopt a decision soon. However, it can be said that the Commission has carried out an extensive analysis of the economic aspects raised by the proposed merger in order to determine whether it is compatible with common market rules.
Companies are required to comply with national data protection laws implementing the Data Protection Directive, and national data protection authorities are the bodies responsible for enforcing compliance by those entities which process personal data within their territory.
A merger between different entities does not exonerate the parties to the merger from their obligations under national data protection principles. Indeed, any decision the Commission may take to approve a merger is without prejudice to the obligations imposed on the parties by Community legislation on the protection of privacy with regard to the processing of personal data.
Irrespective of the approval of the merger, the new entity, in its day-to-day business, will have to respect the fundamental rights recognised by all relevant instruments, including, but not limited to, privacy and data protection. National data protection authorities are therefore charged with the task of ensuring this compliance and, if necessary, taking appropriate measures to enforce compliance."@en1
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