The general data protection regulation and its effect on businesses in Malta

Abstract

The 1950 “European Convention on Human Rights”, which specifies that, “Everyone has the right to respect for his private and family life, his home and his correspondence” includes the right to privacy (ECHR, 2010). The European Union (EU) has prioritized the protection of this right with legislations. The main goal of this study is to evaluate how the General Data Protection Regulation (GDPR) is affecting businesses, with a particular focus on businesses in Malta. Additionally, this paper explores the previous Data Protection Directive 95/46/EC and the current Regulation 2016/679 (GDPR), highlighting various similarities and difference between the two. This paper, tracks the developments of EU data privacy legal frameworks and delves deep into the regulations which have been enacted and transposed to national law throughout the years. A comparison will be made between the previous EU Directive 95/46/EC and its predecessor Regulation 2016/679 highlighting deficiencies of the Directive and the need to enhance data subject rights. The GDPR makes the claim that it will assist businesses and protect the rights of the individuals in order to foster a balanced environment. This study examines past, present, and future legislation in order to determine the current difficulties that particular business structures might experience in order to comply with the Regulation.