RESOURCE ARTICLE

What the GDPR Requires of and Leaves to the Member States

This white paper explores the legislative actions the GDPR requires member states to take, and the optional powers available to them to create exceptions and to clarify GDPR rules.


Published: 23 April 2018

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This IAPP white paper is divided broadly into two sections: The first explores the legislative actions that the GDPR requires member states to take, while the second examines the optional powers and authority available to them to carve out exceptions for or to clarify the GDPR’s rules.

This distinction is derived from the division between what the member states “shall” and “may” do within the articles of the GDPR. These cover such areas as the processing of sensitive data; data processing in the context of employment; conducting DPIAs; appropriate safeguards for data protection for archiving purposes in the public interest, scientific or historical research, or statistical purposes; access rights; automated decision-making and profiling; and data protection officers.

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Contributors:

Müge Fazlioglu

Principal Researcher, Privacy Law and Policy, IAPP

CIPP/E, CIPP/US


Tags:

Law and regulationProgram managementGDPRPrivacy
RESOURCE ARTICLE

What the GDPR Requires of and Leaves to the Member States

This white paper explores the legislative actions the GDPR requires member states to take, and the optional powers available to them to create exceptions and to clarify GDPR rules.

Published: 23 April 2018

View PDF

Contributors:

Müge Fazlioglu

Principal Researcher, Privacy Law and Policy, IAPP

CIPP/E, CIPP/US


This IAPP white paper is divided broadly into two sections: The first explores the legislative actions that the GDPR requires member states to take, while the second examines the optional powers and authority available to them to carve out exceptions for or to clarify the GDPR’s rules.

This distinction is derived from the division between what the member states “shall” and “may” do within the articles of the GDPR. These cover such areas as the processing of sensitive data; data processing in the context of employment; conducting DPIAs; appropriate safeguards for data protection for archiving purposes in the public interest, scientific or historical research, or statistical purposes; access rights; automated decision-making and profiling; and data protection officers.

CPE credit badge

This content is eligible for Continuing Professional Education credits. Please self-submit according to CPE policy guidelines.

Submit for CPEs

Tags:

Law and regulationProgram managementGDPRPrivacy

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