The GDPR will eventually be in effect on May 25, 2018. The GDPR will mostly harmonize data protection law throughout the EU. However, the law will not be harmonized completely as the GDPR comprises more than 70 opening clauses leaving room for the EU Member States’ legislators to implement (stricter, less strict, or more detailed) rules. To help clients identify specifics for all Member States at one glance, Reed Smith, in cooperation with partner law firms from every EU Member State, has been compiling an overview of local GDPR implementations on various aspects of the GDPR.
In the linked document, you will find – listed by EU Member State – the current status of each Member State’s local GDPR laws, links to drafts, and a couple of highlights from each Member State. The current status of the local GDPR adjustment laws are also shown, along with links to existing provisions, and the information status.
The GDPR’s opening clauses
January 28 is International Data Privacy Day. The purpose of the day is to raise awareness and promote privacy and data protection best practices. Although the EU General Data Protection Regulation (GDPR) is omnipresent when it comes to data protection at the moment, we take the opportunity of this particular day to highlight one of the GDPR’s issues: the opening clauses.
The GDPR intends to strengthen and unify data protection law within the EU. However, the hoped for harmonization of laws will not be achieved completely as a certain level of complexity will remain because of the so-called opening clauses. These clauses permit Member States to modify the provisions of the Article relating to the opening clause in question, thereby implementing stricter local rules than set out in the Article. The GDPR comprises more than 70 opening clauses and therefore many and varied local specifics have to be observed with regard to European data protection laws.