Q&As

Despite not being in effect until 25 May 2018, can you address the GDPR in contractual agreements now?

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Published on LexisPSL on 19/12/2016

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Despite not being in effect until 25 May 2018, can you address the GDPR in contractual agreements now?
  • Implementation
  • Contract considerations
  • Further guidance

Despite not being in effect until 25 May 2018, can you address the GDPR in contractual agreements now?

Implementation

The General Data Protection Regulation, Regulation (EU) 2016/679, (the GDPR) came into force on 24 May 2016, but due to a two-year implementation period, its provisions will only be directly applicable and fully enforceable across all Member States from 25 May 2018.

The GDPR will repeal the Data Protection Directive, Directive 95/46/EC, and replace the Data Protection Act 1998 (DPA 1998).

Contract considerations

For contracts that will not be in operation beyond the GDPR taking effect then the provisions of the DPA 1998 (rather than GDPR) will apply. However, when negotiating a new contract that requires data protection provisions and which is expected to remain in operation once the GDPR takes effect, it would be appropriate to take the GDPR into account. It would also be prudent to audit and review the data protection provisions in existing contracts which

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