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CIPP-E · Question #267

Which aspect of the GDPR will likely have the most impact on the consistent implementation of data protection laws throughout the European Union?

The correct answer is B. That it takes the form of a Regulation as opposed to a Directive. One of the main differences between a Regulation and a Directive in the EU law is that a Regulation is directly applicable and binding in all EU member states, without the need for national implementing measures, while a Directive sets out the objectives and principles that the…

Legislative Framework

Question

Which aspect of the GDPR will likely have the most impact on the consistent implementation of data protection laws throughout the European Union?

Options

  • AThat it essentially functions as a one-stop shop mechanism
  • BThat it takes the form of a Regulation as opposed to a Directive
  • CThat it makes notification of large-scale data breaches mandatory
  • DThat it makes appointment of a data protection officer mandatory

How the community answered

(53 responses)
  • A
    4% (2)
  • B
    74% (39)
  • C
    15% (8)
  • D
    8% (4)

Explanation

One of the main differences between a Regulation and a Directive in the EU law is that a Regulation is directly applicable and binding in all EU member states, without the need for national implementing measures, while a Directive sets out the objectives and principles that the member states must achieve, but leaves them the choice of form and methods to transpose it into their national laws. Therefore, by taking the form of a Regulation, the GDPR aims to harmonize and unify the data protection rules across the EU, and to ensure a consistent implementation and enforcement of the data protection laws throughout the EU.

Topics

#Regulation vs Directive#harmonization#GDPR legal form#consistent implementation

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