header-logo header-logo

The GDPR in the EEA—greater harmony or increased permitted divergence?

16 February 2018 / Liz Fitzsimons
Issue: 7781 / Categories: Features , Data protection
printer mail-detail
nlj_7781_fitzsimons

Liz Fitzsimons talks to Jenny Rayner about how EU member states are preparing for the application of the GDPR

To what extent do you think the General Data Protection Regulation (GDPR) will harmonise data protection laws across the European Economic Area?

At first glance, the General Data Protection Regulation (EU) 2016/679 (GDPR) seems to offer a simple solution of a harmonised data protection law across the EU (and EEA), in place of the current fragmented data protection system which varies quite widely between member states, as each has differently implemented the current Directive 95/46/EC (the Data Protection Directive). As an EU Regulation, no local law implementation is required to adopt the GDPR, which applies direct ‘as is’ in each member state. This approach to the GDPR reduces the ability and likelihood of individual member states each creating their own slightly different version of it.

The approach taken by the GDPR also seeks to sweep away some of the current compliance obligations under the Data Protection Directive which, as locally implemented, have traditionally been the most variable between member states,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

back-to-top-scroll