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Member States’ room for manoeuvre in the GDPR | by Winfried Veil
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Member States’ room for manoeuvre in the GDPR

Opening Clauses in the General Data Protection Regulation


The map reveals those areas in which EU Member States are given room for manoeuvre. As we can see, numerous opening clauses give Member States flexibility in applying the new EU data protection law. Resulting from this, one could say that the GDPR is not really a Regulation but has a hybrid character with elements of a Regulation but also elements of a Directive ("Diregulation"). If all or most Member States are going to enact laws based on all or most of these opening clauses, the reform might miss its original target of harmonizing the EU data protection law. An extensive study on the opening clauses (in German) by Martini/Kühling can be found here:


#GDPR #DSGVO #Datenschutz #privacy #Datenschutz-Grundverordnung #dataprotection #Diregulation #eudatap #mindmap

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Uploaded on September 20, 2016