In today’s article we will discuss the last chapter of GDPR i.e. chapter 11 named final provisions running between article 94 to 99. The chapter is important due to many reasons and especially it mentions about the earlier directives according to which the data of an individual were processed.
Repeal of 95/46/EC
Prior to GDPR there were some directives dated 24th October 1995, direction 95/46/EC of the European Parliament and of the council on the protection of individuals with regard to the processing of personal data and on the free movement of such data. (link here- https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:31995L0046). The directives had a total 34 articles in place.
Therefore, according to article 94 (1) the said directive stands repealed with effect from 25th May 2018 and it further clarifies that references to those directive must be construed as reference to GDPR. References to the working party on the protection of individuals with regard to the processing of personal data established by article 29 of the said directive (95/46/EC) must be construed as references to the European Data Protection Board established under GDPR.
Relationship with Directive 2002/58/EC (Directives on privacy and electronic communication)
Further directive 2000/58/EC dated 12th July 2002 were laid down by the European Parliament and Council concerning the processing of personal data and the protection of privacy in the electronic communication sector, which had 21 articles under the said directives.
The article 95 of GDPR clarifies with regard to the directive 2002/58/EC that the provisions of GDPR shall not impose additional obligations on natural or legal persons in relation to processing in connection with the provisions of publicly available electronic communications services in public communication network in the Union in relation to matters for which they are subject to specific obligations with the same objective as set out in Directive 2002/58/EC.
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