Q&As

When drafting agreements that have data processing implications, do you need to take into account the provisions of the General Data Protection Regulation even though the provisions of that Regulation will not come into force until May 2018?

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Published on LexisPSL on 05/10/2016

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

  • When drafting agreements that have data processing implications, do you need to take into account the provisions of the General Data Protection Regulation even though the provisions of that Regulation will not come into force until May 2018?

The General Data Protection Regulation, Regulation (EU) 2016/679, (the GDPR) represents the most significant development in data protection law for the last 20 years. 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. For more information, see Practice Note: EU data protection reform—timeline [Archived].

Once applicable, the GDPR will repeal the Data Protection Directive, Directive 95/46/EC, and replace the Data Protection Act 1998 (DPA 1998). Specific implementing legislation is not required,

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