PDPF · Question #123
What is the legal status of the GDPR?
The correct answer is A. The GDPR is functional law in all member states of the EEA. Some Articles allow for member states. The GDPR is functional law in all member states of the EEA. Some Articles allow for member states law to provide for more specific rules. Correct. The GDPR is European law but the Regulation does not exclude Member state law that sets out the circumstances for specific…
Question
What is the legal status of the GDPR?
Options
- AThe GDPR is functional law in all member states of the EEA. Some Articles allow for member states
- BThe GDPR sets out minimum conditions and requirements. Member states need to pass national
- CThe GDPR is a recommendation of the European Commission that EEA countries' law authorities
How the community answered
(56 responses)- A93% (52)
- B4% (2)
- C4% (2)
Explanation
The GDPR is functional law in all member states of the EEA. Some Articles allow for member states law to provide for more specific rules. Correct. The GDPR is European law but the Regulation does not exclude Member state law that sets out the circumstances for specific processing situations. (Literature: A, Chapter 1; GDPR Recital 10) The GDPR is a recommendation of the European Commission that EEA countries' law authorities improve their laws on the protection of personal data. Incorrect. An EU recommendation is not binding. The GDPR is a functional European law in all member states. The GDPR sets out minimum conditions and requirements. Member states need to pass national laws to meet these minimum requirements. Incorrect. This is the description of an EU Directive.
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