To ensure that all victims of crime in the EU receive the appropriate support, the Council agreed its position (general approach) on a proposed update to the 2012 Victims’ Rights Directive. This update will establish and strengthen minimum rules to ensure that victims of a crime receive protection, support and access to information and can seek justice. Victims of crime deserve society’s full support. Thanks to targeted and integrated support services for child victims, an EU-wide helpline and the right to receive emotional support in court we are taking another important step to honour this obligation. Paul Van Tigchelt, Minister of Justice Crime reporting, access to support services and support on court premisesIn order to facilitate access to justice, member states will have to ensure that victims can report criminal offences through easily accessible, user-friendly information and communication technologies. This possibility should, where feasible, include the submission of evidence. In addition, victims will have to be contacted by the relevant general or specialist support services if an individual assessment reveals a need for support. This will, however, require the victim to consent or request that support. Member states will also have to guarantee that victims receive general information on the organisational aspects of the trial phase in criminal court proceedings and emotional support on the court premises. That information and support will need to be provided in accordance with victims’ individual needs. Victims’ helplineIn order to make it easier for victims to access information about their rights and how to exercise those rights, member states have decided to put in place an easily accessible, user friendly, free of charge and confidential victim helpline. This helpline will be reachable through an EU-wide harmonised phone number, 116 006. Member states may also choose to provide the helpline service through other means (such as live chats). The helpline will be available in the official language(s) of the member state and – depending on the country – at least one widely-used language. Support for childrenThe updated victims’ rights directive also pays special attention to the needs of children as victims of crime. Member states will have to ensure the availability of child-friendly and age-appropriate support and protection services. Targeted and integrated support services will provide for a coordinated multi-agency mechanism for child victims that will include medical examination, emotional and psychological support, the possibility of crime reporting, the individual assessment of protection and support needs and the possibility of video recording of testimonies of child victims. Next stepsOn the basis of the general approach the Council will be able to enter into negotiations with the European Parliament, which established its position in April 2024, in order to agree on a final legislative text. BackgroundIn 2012 the EU adopted a directive to establish minimum standards on the rights, support and protection of victims of crime. A recent evaluation report came to the conclusion that the directive broadly delivered the expected benefits for victims of crime but also identified a number of shortcomings. In replying to these shortcomings, the revision – which the European Commission presented on 12 July 2023 – aims to improve victims’ access to information and to enhance safety measures tailored to the specific needs of vulnerable victims. ● Council of the EU | | 13/06/2024 12:48 | Press release | | | | The Council today reached an agreement on a common member states’ position on a new law which will improve cooperation between national data protection authorities when they enforce the General Data Protection Regulation (GDPR). Data protection is a key fundamental right and the GDPR is the EU’s most powerful tool to safeguard it. Now the EU is taking an important step to make enforcement of this law more efficient. Paul Van Tigchelt, Minister of Justice The GDPR requires national data protection authorities, which are responsible for enforcing the GDPR, to cooperate when a data protection case concerns cross-border processing. This is the case for instance when the complainant resides in a different member state than the company under investigation. Swift handling of cross-border complaints and improved cooperationOnce adopted, the regulation will provide tools to speed up the process of handling cross-border complaints filed by citizens or organisations, and any follow-up investigations. This is notably thanks to the harmonisation of the requirements for a cross-border action to be admissible. Wherever in the EU a citizen files a complaint relating to cross-border data processing, the admissibility will be judged on the basis of the same information. It also clarifies the procedural deadlines and procedural steps of an investigation and for the adoption of a binding opinion by the European Data Protection Board (EDPB), the organisation which brings together all national data protection authorities, in case of disagreement between data protection authorities. The Council agreed that throughout the cooperation procedure, national data protection authorities should be able to provide their views to the lead supervisory authority and that cooperation tools provided by the GDPR should be used in order to aim at consensus early on in investigations. Rights of complainants and parties under investigationThe new regulation will harmonise the requirements and procedures for the complainant to be heard if a complaint is rejected and provides common rules on the involvement of the complainant in the procedure. The right to be heard for the company or organisation that is being investigated is also ensured at key stages throughout the procedure, including during dispute resolution by the EDPB. Main elements Council positionThe Council position maintains the general thrust of the proposal but amends the draft regulation in the following aspects: - clearer timelines: Member states introduce specific timelines that intend to speed up the cooperation process
- enhanced and efficient cooperation: The Council supports the new enhanced cooperation procedure between data protection authorities but also provides the option of not applying all additional rules when a case is more simple and straightforward. This allows data protection authorities to avoid administrative burden and to act swiftly on non-contentious cases and take advantage of the newly introduced additional cooperation rules for more complex investigations
- early resolution mechanism: The Council introduces an early resolution mechanism which allows authorities to resolve a case prior to initiating the standard procedures for handling a cross-border complaint. This can be the case when the company or organisation in question has addressed the infringement or when an amicable settlement to the complaint has been found
Next stepsToday’s adoption of a general approach will allow the Council to start negotiations with the European Parliament, which has agreed its position in April 2024, in order to agree on a final legislative text. BackgroundThe GDPR is the EU's landmark data protection law which harmonises data protection rights across Europe. It applies to any organisation that deals with personal data of EU citizens or residents, regardless of where they are based. The GDPR has put in place a system of cooperation between national data protection bodies that on the one hand ensures a consistent application of the law throughout the EU and on the other hand allows a complainant to deal with its local data protection authority. In cross-border cases one national authority will take on the role of lead authority in the investigation. However, the lead authority is required to cooperate with its peers from other member states. The GDPR has been in application since 25 May 2018. Several reports on the application of the GDPR noted that the handling of cross-border issues was hampered by differences in administrative procedures. The procedural rules in the new regulation will address this concern. |
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