Abstract
The scope provisions of the national GDPR implementation laws wildly differ and will lead to unacceptable accumulation and incompatibility of applicable laws.
The applicability regime of the GDPR is creating some tricky issues. The GDPR only provides an applicability regime when it applies, but it does not also provide a regime when the national GDPR implementation laws of individual member states apply. It is not clear whether EU regulators found this so obvious that they did not find it necessary to provide a solution or just did not realize the issues at the time the GDPR was drafted. As a result, member states are left to their own devices and the first draft GDPR implementation laws show that regulating scope is apparently not self-evident, as we see many differing provisions.
The applicability regime of the GDPR is creating some tricky issues. The GDPR only provides an applicability regime when it applies, but it does not also provide a regime when the national GDPR implementation laws of individual member states apply. It is not clear whether EU regulators found this so obvious that they did not find it necessary to provide a solution or just did not realize the issues at the time the GDPR was drafted. As a result, member states are left to their own devices and the first draft GDPR implementation laws show that regulating scope is apparently not self-evident, as we see many differing provisions.
| Original language | English |
|---|---|
| Place of Publication | https://iapp.org |
| Publisher | IAPP |
| Media of output | Online |
| Publication status | Published - 31 Jan 2018 |
Keywords
- GDPR
- controllers