What is the main difference between Directive 95/46 / EC and the General Data Protection Regulation (GDPR)?

The correct answer is B. Directive 95/46 / EC offers guidance for EU Member States and 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 to 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…

Introduction to privacy and data protection

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AThe GDPR offers guidance for EU Member States and can create their own laws to comply with the
BDirective 95/46 / EC offers guidance for EU Member States and can create their own laws to suit

How the community answered

(17 responses)

A
12% (2)
B
88% (15)

Explanation

When we have a Regulation, such as the GDPR, all EU Member States are obliged to follow it and have a fixed date to 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 their countries. Prior to the GDPR, there was a Directive "95/46 / EC First Data Protection Directive. Approved in 1995, it was already aimed at protecting personal data. This directive was replaced by GDPR. "Article 94: 1. Directive 95/46 / EC is repealed with effect from 25 May 2018." In the EXIN PDPF exam this is an issue that is routinely asked. "Which directive has been replaced by GDPR?" Answer: 95/46 / EC.

Topics

#GDPR vs Directive#Directive 95/46/EC#regulation vs directive#EU data law history

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