PDPF Question #75: Real Exam Question with Answer & Explanation

The correct answer is B. The directive provides guidance for EU member states and they can create their own laws to suit. When we have a Regulation, such as the GDPR, all EU member states are obliged to follow it and have a fixed date for entry into force. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, e

Question

In the European Union we have: Directives and Regulations. What is the difference between them?

Options

AThe regulation provides guidance for EU Member States and they can create their own laws to
BThe directive provides guidance for EU member states and they can create their own laws to suit

Explanation

When we have a Regulation, such as the GDPR, all EU member states are obliged to follow it and have a fixed date for entry into force. The regulation is a law and Member States cannot create laws that oppose it. Unlike the Directives that set objectives to be achieved, however, each Member State is free to decide how to apply them in its country. Prior to the GDPR, there was the "95/46 / EC First Data Protection Directive (European DP)". Approved in 1995, it was already aimed to protect personal data. This directive was replaced by the "Article 94: 1. Directive 95/46 / EC is repealed with effect from 25 May 2018." In the EXIN PDPF exam this is a question that is routinely asked. "What directive has been replaced by GDPR?" Answer: 95/46 / EC.

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