In the last decade, there have been major developments in the areas of
exchange of tax information and data protection. Technological developments
have facilitated the processing of personal data and have led to more
efficient tax administration and tax enforcement as well as a substantial
increase of the volume of personal data processing. In the area of exchange
of information, automatic exchange of financial account information, tax
rulings, country-by-country reports and reportable cross-border arrangements
have been and are being introduced in the European Union and on a
global level. In addition, public country-by-country reporting is currently
being discussed.
In the area of data protection, the General Data Protection Regulation was
adopted on 27 April 2016 after four years of negotiations and entered into
force on 25 May 2018. It replaces the Data Protection Directive and provides
for further harmonization of data protection in the European Union.
What is more, the ECJ has stressed the importance of data protection in
some high-profile cases. In Digital Rights Ireland (Joined Cases C-293/12
and C-594/12), the ECJ declared the Data Retention Directive invalid and,
in Schrems (Case C-362/14), the ECJ held that data processing on the basis
of the Safe Harbour Agreement that the European Union had concluded
with the United States was not in line with EU data protection safeguards.
We can thus observe an expansion of both data protection and exchange of
information. These two fields of law, however, are not always easy to align
with each other.
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