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24 Currents: J. Int'l Econ. L. 62 (2020-2021)
General Data Protection Regulation and California Consumer Privacy Act: Background

handle is hein.journals/curritlj24 and id is 64 raw text is: I . I N T R O D U C T I O N The Internet is certainly among the most significant technological advancements in modern times. Data and information can now be transferred almost instantly to anyone across vast distances. The convenience and broad accessibility of the Internet has led to extensive economic development, new markets, and market entrants; its importance cannot be understated. While the benefits of the Internet are readily apparent, beneath the surface lie legitimate concerns about individuals' online data privacy. About a decade after the advent of the Internet, the Council of the European Union (EU) took an interest in the state of consumer protection in this sphere, adopting the European Data Protection Directive (Directive 95/46/EC) in 1995. Directive 95/46/EC's stated purpose is to provide consumers with a sense of confidence that online data will be protected and kept private. On May 25, 2018, nearly 25 years later, the EU adopted the General Data Protection Regulation (GDPR) to further address such concerns. Part II provides a brief inquiry into the relevant legislative history, explaining the various proposals and compromises made amongst the EU, as well as the policy behind GDPR and the rights granted. Part III examines the elements of GDPR. See https://edps.europa.eu/data-protection/ data-protection/legislation/history-general- data-protection-regulationen. Part IV and V, respectively, address impacts within the EU and beyond it. Part VI breaks down California's legislative response to GDPR. II. LEGISLATIVE HISTORY Directive 95/46/EC laid the groundwork for the GDPR, allowing the European Commission to review the existing list of countries which offer an adequate level of protection of personal data. At this time, Directive 95/46/EC was not a binding order; rather, simply a review of Member States. Data Protection Authorities granted seals and marks to services-to reinforce consumer confidence. On March 12, 2014 the European Parliament voted in favor of the GDPR with an overwhelming number of votes in favor. On June 15, 2015, the European Council decided to replace the previous Article 29 Working Party with the European Data Protection Board (EDPB). From there on out, EDPB's role was to ensure the consistency of the application of the GDPR throughout the Union, through guidelines, opinions, and decisions. One of the European Council's final sweeping changes came April 27, 2016, when they officially repealed Directive 95/46/ EC-the first step in binding EU member countries to the GDPR. The purpose of repealing the early Directive 95/46/EC was to update data privacy protections. The GDPR notes how rapid technological developments and globalization have brought new challenges for the protection of personal data. The GDPR went on to mention that these new advancements require strong and more coherent data protection framework in the Union, backed by strong enforcement, given the importance of creating the trust that will allow the digital economy to develop across the internal market. Finally, on May 25, 2018, the GDPR went into full force and effect, binding all EU member countries. See https://edps.europa.eu/data-protection/ data-protection/legislation/history-general- data-protection-regulationen. A. Intent and Purpose of the GDPR The purpose of the GDPR is threefold. Ihe policy purposes set forth throughout the legislative history of the GDPR consists of three separate but interrelated goals. First, the GDPR sought to provide a uniform series of regulations across all EU member countries. One of the main concerns with Directive 95/46/EC was that it appeared too disjointed and limited in its reach in

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