A Comparative Study Of GDPR And Local Legislations In Dealing With Cyber Crimes
- IJLLR Journal
- May 5
- 2 min read
Shubh Kapoor, Amity Law School, Amity University, Noida
Dr. Ekta Gupta, Amity Law School, Amity University, Noida
The GDPR Framework on Data Protection and Cyber Crime Prevention
1. Origin and Objectives of the GDPR
The General Data Protection Regulation (GDPR) was adopted by the European Parliament and the Council of the European Union on 27 April 2016 and came into force on 25 May 2018. It replaced the outdated Data Protection Directive 95/46/EC, which had governed data protection in the European Union (EU) since 1995. The GDPR was introduced to address the dramatic technological changes and the increased complexity of data processing brought about by digitalisation, cloud computing, social media, and global data flows. It aimed to unify and modernise data protection laws across the EU, giving individuals greater control over their personal data while also simplifying the regulatory environment for international business within the EU
The origin of the GDPR lies in the recognition that personal data has become a crucial asset in the information economy. As the internet expanded and the global digital ecosystem grew more complex, the risks of privacy violations and cyber crimes intensified. The 1995 Directive, being a product of its time, lacked the mechanisms to effectively regulate modern data-driven practices. It did not include provisions to address issues such as data portability, profiling, or large-scale cross-border data transfers. As a result, the EU embarked on a comprehensive reform of its data protection rules in 2012, culminating in the GDPR, which was adopted after extensive consultations and legislative negotiations.
The GDPR’s objectives are multi-fold. Primarily, it seeks to protect fundamental rights and freedoms of natural persons with regard to the processing of personal data and ensure the free flow of such data within the EU. The regulation emphasises the need for transparency, accountability, and fairness in data processing activities. It introduces several groundbreaking concepts such as the right to be forgotten, data portability, and privacy by design and by default, which are aimed at enhancing user autonomy and empowering individuals in the digital age
